Startup entrepreneurs assume what risks when pitching?

Last week I signed four NDAs.

Four!

NDA stands for non-disclosure agreement. A legal document given to someone receiving confidential information. By signing, the person pledges not to share the information for a certain time. If they do, they may be in breach of contract and face legal action.

Companies use NDAs to protect trade secrets and confidential internal information from employees and contractors. Appropriate. If you manage a huge, successful firm, you don't want your employees selling their information to your competitors. To be true, business NDAs don't always prevent corporate espionage, but they usually make employees and contractors think twice before sharing.

I understand employee and contractor NDAs, but I wasn't asked to sign one. I counsel entrepreneurs, thus the NDAs I signed last week were from startups that wanted my feedback on their concepts.

I’m not a startup investor. I give startup guidance online. Despite that, four entrepreneurs thought their company ideas were so important they wanted me to sign a generically written legal form they probably acquired from a shady, spam-filled legal templates website before we could chat.

False. One company tried to get me to sign their NDA a few days after our conversation. I gently rejected, but their tenacity encouraged me. I considered sending retroactive NDAs to everyone I've ever talked to about one of my startups in case they establish a successful company based on something I said.

Two of the other three NDAs were from nearly identical companies. Good thing I didn't sign an NDA for the first one, else they may have sued me for talking to the second one as though I control the firms people pitch me.

I wasn't talking to the fourth NDA company. Instead, I received an unsolicited email from someone who wanted comments on their fundraising pitch deck but required me to sign an NDA before sending it.

That's right, before I could read a random Internet stranger's unsolicited pitch deck, I had to sign his NDA, potentially limiting my ability to discuss what was in it.

You should understand. Advisors, mentors, investors, etc. talk to hundreds of businesses each year. They cannot manage all the companies they deal with, thus they cannot risk legal trouble by talking to someone. Well, if I signed NDAs for all the startups I spoke with, half of the 300+ articles I've written on Medium over the past several years could get me sued into the next century because I've undoubtedly addressed topics in my articles that I discussed with them.

The four NDAs I received last week are part of a recent trend of entrepreneurs sending out NDAs before meetings, despite the practical and legal issues. They act like asking someone to sign away their right to talk about all they see and hear in a day is as straightforward as asking for a glass of water.

Given this inflow of NDAs, I wanted to briefly remind entrepreneurs reading this blog about the merits and cons of requesting investors (or others in the startup ecosystem) to sign your NDA.

Benefits of having investors sign your NDA include:

None. Zero. Nothing.

Disadvantages of requesting investor NDAs:

• You'll come off as an amateur who has no idea what it takes to launch a successful firm.

• Investors won't trust you with their money since you appear to be a complete amateur.

• Printing NDAs will be a waste of paper because no genuine entrepreneur will ever sign one.

I apologize for missing any cons. Please leave your remarks.

Many developers do it, but I don't approve.

Aren't many programmers part-time? Many work full-time but also freelance. If the job agreement allows it, I see no problem.

Tech businesses' policies vary. I have a friend in Google, Germany. According to his contract, he couldn't do an outside job. Google owns any code he writes while employed.

I was shocked. Later, I found that different Google regions have different policies.

A corporation can normally establish any agreement before hiring you. They're negotiable. When there's no agreement, state law may apply. In court, law isn't so simple.

I won't delve into legal details. Instead, let’s talk about the incident.

How he was discovered

In one month, he missed two deadlines. His boss was frustrated because the assignment wasn't difficult to miss twice. When a team can't finish work on time, they all earn bad grades.

He annoyed the whole team. One team member (anonymous) told the project manager he worked on side projects during office hours. He may have missed deadlines because of this.

The project manager was furious. He needed evidence. The manager caught him within a week. The manager told higher-ups immediately.

The company wanted to set an example

Management could terminate him and settle the problem. But the company wanted to set an example for those developers who breached the regulation.

Because dismissal isn't enough. Every organization invests heavily in developer hiring. If developers depart or are fired after a few months, the company suffers.

The developer spent 10 months there. The employer sacked him and demanded ten months' pay. Or they'd sue him.

It was illegal and unethical. The youngster paid the fine and left the company quietly to protect his career.

Right or wrong?

Is the developer's behavior acceptable? Let's discuss developer malpractice.

During office hours, may developers work on other projects? If they're bored during office hours, they might not. Check the employment contract or state law.

If there's no employment clause, check country/state law. Because you can't justify breaking the law. Always. Most employers own their employees' work hours unless it's a contractual position.

If the company agrees, it's fine.

I also oppose companies that force developers to work overtime without pay.

Most states and countries have laws that help companies and workers. Law supports employers in this case. If any of the following are true, the company/employer owns the IP under California law.

• using the business's resources

• any equipment, including a laptop used for business.

• company's mobile device.

• offices of the company.

• business time as well. This is crucial. Because this occurred in the instance of my junior.

Company resources are dangerous. Because your company may own the product's IP.  If you have seen the TV show Silicon Valley, you have seen a similar situation there, right?

Conclusion

Simple rule. I avoid big side projects. I work on my laptop on weekends for side projects. I'm safe. But I also know that my company might not be happy with that.

As an employee, I suppose I can. I can make side money. I won't promote it, but I'll respect their time, resources, and task. I also sometimes work extra time to finish my company’s deadlines.

“Poor distribution, not poor goods, is the main reason for failure” — Peter Thiel.

Here's an easy way to conceptualize "go-to-market" for your distribution plan.

One equation captures the concept:

Distribution = Ecosystem Participants + Incentives

Draw your customers' ecosystem. Set aside your goods and consider your consumer's environment. Who do they deal with daily? 

1. First, list each participant. You want an exhaustive list, but here are some broad categories.

• In-person media services

• Websites

• Events\Networks

• Financial education and banking

• Shops

• Staff

• Advertisers

• Twitter influencers

1. Draw influence arrows. Who's affected? I'm not just talking about Instagram selfie-posters. Who has access to your consumer and could promote your product if motivated?

The thicker the arrow, the stronger the relationship. Include more "influencers" if needed. Customer ecosystems are complex.

3. Incentivize ecosystem players. “Show me the incentive and I will show you the result.“, says Warren Buffet's business partner Charlie Munger.

Strong distribution strategies encourage others to promote your product to your target market by incentivizing the most prominent players. Incentives can be financial or non-financial.

Financial rewards

Usually, there's money. If you pay Facebook, they'll run your ad. Salespeople close deals for commission. Giving customers bonus credits will encourage referrals.

Most businesses underuse non-financial incentives.

Non-cash incentives

Motivate key influencers without spending money to expand quickly and cheaply. What can you give a client-connector for free?

Here are some ideas:

Are there any other features or services available?

Titles or status? Tinder paid college "ambassadors" for parties to promote its dating service.

Can I get early/free access? Facebook gave a select group of developers "exclusive" early access to their AR platform.

Are you a good host? Pharell performed at YPlan's New York launch party.

Distribution? Apple's iPod earphones are white so others can see them.

Have an interesting story? PR rewards journalists by giving them a compelling story to boost page views.

Prioritize distribution.

More time spent on distribution means more room in your product design and business plan. Once you've identified the key players in your customer's ecosystem, talk to them.

Money isn't your only resource. Creative non-monetary incentives may be more effective and scalable. Give people something useful and easy to deliver.

Sketch or Figma?

Designers are pissed.

The beast ate the beauty.

Figma deserves $20B.

Do designers deserve Adobe?

Adobe devours new creative tools and spits them out with a slimy Adobe aftertaste.

• Frame.io — $1.3B

• Magento — $1.7B

• Macromedia — $3.6B

Nothing compares to the risky $20B acquisition.

If they can't be beaten, buy them.

And then make them boring.

Adobe's everywhere.

Like that friend who dabbles in everything creatively, there's not enough time to master one thing.

Figma was Adobe's thigh-mounted battle axe.

• a UX design instrument with a sizable free tier.

• a UX design tool with a simple and quick user interface.

• a tool for fluid collaboration in user experience design.

• a web-based UX design tool that functions well.

• a UX design tool with a singular goal of perfection.

UX design software that replaced Adobe XD.

Adobe XD could do many of Figma's things, but it didn't focus on the details. This is a major issue when working with detail-oriented professionals.

UX designers.

Design enthusiasts first used Figma. More professionals used it. Institutions taught it. Finally, major brands adopted Figma.

Adobe hated that.

Adobe dispatched a team of lawyers to resolve the Figma issue, as big companies do. Figma didn’t bite for months.

Oh no.

Figma resisted.

Figma helped designers leave Adobe. Figma couldn't replace Photoshop, but most designers used it to remove backgrounds.

Online background removal tools improved.

The Figma problem grew into a thorn, a knife, and a battle ax in Adobe's soft inner thigh.

Figma appeared to be going public. Adobe couldn’t allow that. It bought Figma for $20B during the IPO drought.

Adobe has a new issue—investors are upset.

The actual cause of investors' ire toward Adobe

Spoiler: The math just doesn’t add up.

According to Adobe's press release, Figma's annual recurring revenue (ARR) is $400M and growing rapidly.

The $20B valuation requires a 50X revenue multiple, which is unheard of.

Venture capitalists typically use:

• 10% to 29% growth per year: ARR multiplied by 1 to 5

• 30% to 99% growth per year: ARR multiplied by 6 to 10

• 100% to 400% growth per year: ARR multiplied by 10 to 20

Showing an investor a 50x multiple is like telling friends you saw a UFO. They'll think you're crazy.

Adobe's stock fell immediately after the acquisition because it didn't make sense to a number-cruncher.

Designers started a Tweet storm in the digital town hall where VCs and designers often meet.

Adobe acquired Workfront for $1.5 billion at the end of 2020. This purchase made sense for investors.

Many investors missed the fact that Adobe is acquiring Figma not only for its ARR but also for its brilliant collaboration tech.

Adobe could use Figmas web app technology to make more products web-based to compete with Canva.

Figma's high-profile clients could switch to Adobe's enterprise software.

However, questions arise:

• Will Adobe make Figma boring?

• Will Adobe tone down Figma to boost XD?

• Would you ditch Adobe and Figma for Sketch?

My wallpape

OpenAI's ChatGPT is an amazing AI-powered chatbot. It can write poetry, fiction, and marketing ideas. I was impressed how well ChatGPT followed the interview, albeit there were a few classics “I’m afraid I can’t do that”.

Full interview below.

Me: I'm your interviewer. We'll discuss crypto. Thanks for being interviewed. What do you think about cryptocurrency?

CGPT: Cryptocurrency is an innovative technology that could transform money and financial activities. It might boost the efficiency and security of financial institutions and let consumers deal directly without banks. Cryptocurrency is still a new and untested technology with many unknowns and hurdles before it can be broadly accepted.

Me: Over 22,000 cryptocurrencies exist, and many have little use. We need how much cryptocurrencies?

CGPT: The appropriate quantity will rely on a multitude of factors, including each cryptocurrency's use cases, adoption rate, and market rivalry. Only a few cryptocurrencies will likely receive widespread adoption and be successful. Many existing cryptocurrencies may not survive since they can't deliver new or valued solutions or compete with more established cryptocurrencies.

Me: Will cryptocurrencies grow? What's next for worldwide adoption?

CGPT: It's hard to forecast the future of cryptocurrencies because the acceptance of new technologies is unpredictable. I believe cryptocurrencies will expand and acquire popularity in the future years. Regulatory ambiguity, security concerns, and scalability issues must be overcome for this to happen. Cryptocurrency companies and organizations must engage together with governments and authorities to address these obstacles and establish a growth-friendly climate. Continued innovation and improvement of the technology, including public education and awareness, will drive acceptance.

Me: Do bear markets affect bitcoin adoption?

CGPT: On the one hand, a bear market might induce uncertainty and hesitation among potential consumers. Bear markets can present opportunities for long-term investors who can acquire cryptocurrencies at cheaper prices and are more likely to hang onto their assets. A bear market can also test the tenacity and power of the underlying technology and community, which can boost long-term confidence and adoption. A bear market might have profound and nuanced effects on bitcoin adoption.

Me: What are some likely outcomes if Bitcoin reaches $100,000 by next year?

CGPT: If Bitcoin saw rapid growth, it would undoubtedly have repercussions for the cryptocurrency market and economy. Possible scenarios include increased public interest and awareness of cryptocurrency, a surge in demand for Bitcoin and other cryptocurrencies, and a growth in the cryptocurrency industry's market value. By shifting their focus and cash to the cryptocurrency market, investors and traders may also affect other asset classes, such as traditional equities and commodities. Governments and financial organizations may focus more on the cryptocurrency sector as they try to grasp Bitcoin's rapid rise.

Me: Will other countries accept crypto as currency?

CGPT: It's hard to say if additional governments will adopt cryptocurrencies as legal tender. Some countries have recognized the promise of bitcoin and are exploring its use, while others are cautious. Adoption of bitcoin as legal cash may vary by country, based on financial infrastructure, rules, and political atmosphere. As cryptocurrency technology evolves and becomes more accepted, more governments may embrace it as legal tender.

Me: Final question: will the recent cryptocurrency hacks affect long term adoption?

CGPT: Hacks might tarnish cryptocurrency's reputation and public faith in its security, the technology underpinning it is continually improving. Many cryptocurrency projects have developed strong security mechanisms to prevent hacks and other dangers, and these safeguards will undoubtedly improve over time. The decentralized nature of cryptocurrency makes it more resistant to attacks. Hacks and other security breaches are a concern, but they may not affect cryptocurrency adoption.