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THOUGHTS ON THERANOS
by Scott Edward Walker on October 19th, 2021
Dear Founders: Below are a few thoughts regarding Theranos/Elizabeth Holmes (in no particular order).
1) Founders should be heartened that there is a lot of “dumb” money out there. Obviously, the goal is to raise funds from “A” investors who can add value; however, if that’s not working, try plan B – i.e., family offices, etc. Indeed, Theranos raised funds from the Walton family ($150MM), Rupert Murdoch ($125MM), Betsy DeVos and her family ($100MM), the Cox family ($100MM), and Carlos Slim ($30MM), among others.
2) Putting aside the potential legal liability (and ethical issues), lying to investors makes little sense from a business perspective because not only do you risk alienating investors, but also you risk destroying your reputation (which is likely your most valuable, long-term asset).
3) Certain founders (like Elizabeth Holmes and Adam Neumann) are able to utilize an extraordinary level of charisma to mask deception and/or to trump the relevant data. Most founders, however, do not possess that level of charisma.
4) There is a big difference between selling your vision to investors and intentionally deceiving them. For example, advising potential investors that “there’s lots of interest in the round“ is quite different than “I received a term sheet” (when you did not).
5) In my experience, there are relatively few super-smart investors; most successful investors are just good at playing the game.
6) One of the most overlooked traits in successful founders is integrity.
7) Most experienced investors/dealmakers understand the importance of conducting adequate due diligence. Founders must understand this as well in connection with hiring, fundraising and partnering. Always ask: “who is that guy on the other side of the table?”
Top 3 Posts in 2020
by Scott Edward Walker on January 3rd, 2021
Happy New Year! Below is a list of my top three posts in 2020. Cheers, Scott
Dear Founders: Here Are Three IP Mistakes to Watch-Out For
by Scott Edward Walker on October 19th, 2020
Introduction
Over the past six months, my firm has been engaged by a number of startups with significant intellectual property (“IP”) problems. In a couple of cases, the founders played lawyer on their own; in the other cases, the founders either used (i) a Web service that did not address IP issues or (ii) an inexperienced law firm. The purpose of this blog post is to briefly discuss the three most common IP mistakes that founders make.
Top 3 Posts in 2019
by Scott Edward Walker on January 4th, 2020
Below is a list of my top three posts in 2019. Happy New Year! Cheers, Scott
Acquihires 101: Tips for Founders
by Scott Edward Walker on December 13th, 2018We had a busy 2018, including closing several significant M&A transactions and financings. We have also recently handled a few “acquihires” (or “acqui-hires”) — which is a somewhat unique transaction, with a host of unusual issues. The purpose of this post is briefly (i) to provide an overview of acquihires and (ii) to discuss the significant legal issues that founders must address.
Advice for First Time Founders via Y Combinator
by Scott Edward Walker on March 26th, 2018A few years back I posted a series of solid quotes for founders from highly-successful investors from the book Venture Capitalists at Work. In case you missed them, you can check out the posts here: Venture Capitalists at Work – Part 1, Venture Capitalists at Work – Part 2 and Venture Capitalists At Work – Part 3.
How to Raise a Seed Round: Three Basic Tips for Founders
by Scott Edward Walker on November 26th, 2017
Despite all the hype in the press (including with respect to the latest ICO craze), raising initial funds for your startup is tough* – particularly if you’re not located in San Francisco or Silicon Valley. Accordingly, I thought it would be helpful to provide some basic fundraising advice to first-time founders based upon my 20+ years of legal experience.
The Importance of Vesting Schedules – Part 2
by Scott Edward Walker on February 6th, 2016
“I didn’t even know what a vesting schedule was… [and] that mistake probably cost me billions of dollars.” –Zuck
The Importance of Vesting Schedules for the Founders
by Scott Edward Walker on December 14th, 2015One of the biggest mistakes I see startups make is failing to set-up vesting schedules for the founders. Below is a short clip from my legal workshop “The 5 Biggest Legal Mistakes That Startups Make” and a few FAQ’s.
Startups and IP Ownership Issues
by Scott Edward Walker on November 22nd, 2015For many startups, intellectual property (IP) is their most valuable asset. Below are the three most common IP-related mistakes that startups make — the first of which I discuss in this brief video with Jason Calacanis.
What Is the “Walker Startup Package”?
by Scott Edward Walker on October 27th, 2015I get calls and questions all the time about our Startup Package. Below is a brief clip from “This Week in Startups” which should be helpful.
The 5 Biggest Legal Mistakes That Startups Make
by Scott Edward Walker on July 1st, 2014
My law firm recently entered into a new partnership with This Week in Startups and sponsored their live fireside chat last month in San Francisco with authors Nick Bilton and Brad Stone. Prior to the event, I conducted a legal workshop entitled “The 5 Biggest Legal Mistakes That Startups Make,” which I have uploaded above. If you would like to jump to different sections of the video, here’s how it breaks down:
Founders Beware: Fiduciary Obligations of Officers
by Scott Edward Walker on May 30th, 2013
Introduction
Many founders do not realize that officers of a corporation have the same fiduciary obligations as directors. This post briefly explores this issue and its ramifications.
Startup Parody
by Scott Edward Walker on July 12th, 2012Here’s a fun video parody via Vooza. I hope you enjoy it. Cheers, Scott
Legal Checklist for Startups
by Scott Edward Walker on November 2nd, 2011
I’ve been a corporate lawyer for 17+ years, and there are certain fundamental legal mistakes that I’ve seen startups repeatedly make. Accordingly, I thought it would be helpful to provide a simple checklist for startups, which includes links to prior posts for a more detailed discussion. (This post was originally published as part of the “Ask the Attorney” series I am writing for VentureBeat.)
3 Ways For Startups To Cut Their Legal Fees in Half
by Scott Edward Walker on October 13th, 2011
Introduction
This post was originally part of the “Ask the Attorney” series I am writing for VentureBeat (one of my favorite websites for entrepreneurs). Indeed, I am constantly being asked by entrepreneurs how they can lower their legal fees. (more…)
4 Deadly Legal Mistakes That Startups Make
by Scott Edward Walker on September 28th, 2011
Introduction
This post was originally part of the “Ask the Attorney” series I am writing for VentureBeat (one of my favorite websites for entrepreneurs). Below is a longer, more comprehensive version.
What Are the Rights of Minority Stockholders?
by Scott Edward Walker on July 27th, 2011
Introduction
For the past few months, I’ve been discussing the rights of investors in connection with preferred stock financings, including the following:
How To Launch a Startup and Avoid Ending-up in Jail
by Scott Edward Walker on June 23rd, 2011Introduction
I love working with startups and trying to protect founders (and watch their backs). Not only are there key contractual issues that must be buttoned-down (like vesting and IP assignment), but also there is a minefield of laws and regulations that must be complied with. Indeed, in a world of easy access to online documents and web sites like LegalZoom, it is often this legal compliance which is overlooked by founders, as they attempt to stay “lean” and “scrappy.” As discussed below, however, non-compliance with certain laws and regulations could lead to founders’ criminal liability.
The Biggest Legal Mistakes That Startups Make – Part 2
by Scott Edward Walker on May 27th, 2011Below is a video of the presentation I made a few weeks ago at CoLoft in Santa Monica (referred to in the tech community as “Silicon Beach”); it is part 2 of 2 of “The Biggest Legal Mistakes That Startups Make.” You can watch part 1 here. I hope you enjoy it. Cheers, Scott
Biggest Legal Mistakes That Startups Make – Part 1
by Scott Edward Walker on May 13th, 2011Below is a video of my presentation a couple of months ago at a TechZulu event at CoLoft in Santa Monica. I hope you enjoy it (despite the audio issues); it starts at the 9:43 mark. Cheers, Scott (more…)
Do More Faster – Part I
by Scott Edward Walker on March 9th, 2011Introduction
I just finished reading the book Do More Faster, which is a collection of blog posts/articles by successful entrepreneurs and investors edited by David Cohen, the founder and CEO of TechStars, and Brad Feld, the managing director of Foundry Group. As Brad noted on his blog: “Our goal was to write a unique book full of useful information for any early stage entrepreneur. Rather than give advice or simply tell an entrepreneurial success story, we decided to blend the experience of the TechStars entrepreneurs and the TechStars mentors in an organized fashion.”
Below are a few nuggets from the first half of the book; I will share some second-half quotes in my next post. Cheers, Scott