422_ Effective Use of Equity Incentives - Challenges and Choices
Compensation and Effective use of Equity Incentives were discussed in detail with Mark Weakley, Partner, Holme Roberts & Owen, Boulder with Irene Gallagher, Partner, Holme Roberts & Owen, Denver. There are three main compensation forms: 1.) Stock Options [most familiar to employees] 2.) Then we’ve got Restricted Stock which can either be bonuses or require payment from the employee; 3.) This category gives us more flexibility in how we structure the actual measure of the incentive – and that would be in the ‘Phantom Stock’ or stock appreciation rights. Issues will vary with Common Law Employees, Contract employees, and Independent Contractors. Mark and Irene are often asked, “How can the state or the IRS know if the person is an independent contractor or not? We have an agreement, the employee signed it, isn’t that good enough?” Clearly this is not good enough. The time comes when you no longer need the employee. Without thought the employee files for unemployment insurance and that’s how the state finds out about them. “Backdoor Discovery”. Now the state can come in and look at all of your employees, reclassify them and you could be looking at back wages, potentially overtime, penalties and interest – it can really stack up. That “Backdoor Discovery” is a sure fire way to get multiple agencies on your coattails. You not only have the state level revenue agency and the department of labor, you also have the federal level because the Social Security Administration is going to want their cut of what you should have been paying in the payroll taxes all along. Then there's 409A...listen now.
Related Links: Holme Roberts & Owen || It's the Law || U.S. Commercial Service || Entrepreneurs || Keywords: Mark Weakley, Irene Gallagher, Equity Incentives, Stock, Holme Roberts & Owen, 409A, HRO, Entrepreneurs
12/10/07 Bytes: 15612345 >>LISTEN
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414_ Competitive Advantage:
Getting What You Want, When You Want It
Clients and customers today are expecting (demanding) relevant response time to questions and problems points out John Krzykowski, General Manager of Workplace2Go. There are a lot of hassles, installing the software – updates – the hardware goes bad, something breaks, you’ve got to bring in something new – reload all the software onto that new device. It’s a lot of expense that isn’t really necessary and there are alternatives. There is quite a history about different attempts to solve this challenge. John says there is quite a buzz about On-Demand Software, (aka: Software as a Service - SaaS) and higher software costs, upgrading necessities, down time and consumer demand are pushing this to the next level. With Workplace2go, subscribe to a name-brand business software and be free to use it from any internet-connected PC, plus: Pay only for what you need as long as you need it. One log-in, one support call, one credit card for billing. Leave upgrades and other software management headaches to us. No contracts, No minimum order, and first month free. John also they seeing in the venture capital community, that well over half the software companies that are receiving money are in the on-demand space. So the merchandise, if we use the retail analogy, is going to grow significantly. Information is the foundation for many businesses and the ability to access information from any location is critical in today’s highly competitive environment. Whether your employees are on the road or working from home, they need secure easy access to information.
Related Links: Workplace2go || 19 Market Place || Computer World || INC || CIO - SaaS || Keywords:WorkPlace to GO, On-Demand Software, 19 Market Place, John Krzykowski, Software as a Service, SaaS >> 11/26/07 Bytes: 26486390> LISTEN
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The latest 400 business interviews recorded by w3w3.com are available on the PodCast Directory at no cost and can be listened to on the Web or downloaded to your portable mp3 player.
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421_ Life of the Entrepreneur: Controlling Your Destiny
A few keys for being a successful entrepreneur shared by Nancy Phillips were: maintain a good sense of humor; overcome the nay-sayers; and practice real-world economics. Nancy is the Co-Founder, Director, COO of ViaWest and shared her story and poignant points about building and growing a business even in the toughest of times to Lucy Sanders, CEO and Founder of the National Center for Women & Information Technology and NCWIT board member, Lee Kennedy along with Larry Nelson. Nancy loves technology and people and has a long history with the Telecom industry. She enjoys the challenges of being an entrepreneur for many reasons including her passion to control her destiny. Nancy says her husband claims, "Because I'm a control freak." Phillips has also been a principal, executive and consultant for numerous successful telecommunications companies including France Telecom, MCI and Qwest. Over 15 years ago, she began her career with Teleconferencing Systems Canada as Vice President of Sales and it was in this role that she met Roy Dimoff - the two have been loyal business partners ever since. Nancy shares some excellent advice for managers, leaders and entrepreneurs.
Related Links: ViaWest || NCWIT Heroes || NCWIT Blog || CO Coalition for Gender and IT || NCWIT Practice|| Keywords: Nancy Phillips, ViaWest, Lucy Sanders, Lee Kennedy, Entrepreneurs, National Center for Women & Information Technology, NCWIT Heroes > 12/10/07 Bytes: 48124972 LISTEN
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420_ Bio Startup with $7.2 Million in Angel Investments
SUPER Bug beware. MicroPhage is focused on improving health worldwide through leadership in rapid bacterial detection says Jack Wheeler, Founder and VP Business Development of MicroPhage (and Chairman of the Board, Colorado BioScience Association). They have raised over $7 M in angel capital to date.
The Company develops and markets diagnostics for use in the clinical marketplace through the use of its bacteriophage enabling technology. The company has chosen to focus its initial efforts to help solve medical crises involving such problems as over use of antibiotics and antibiotic resistant bacteria. Its first products expected in late 2008 are anticipated to set a new standard for clinicians and hospital staff in methicillin-resitant Staphylococcus aureus (MRSA) identification and antibiotic testing. MicroPhage’s mission is to be a worldwide leader in rapid bacterial diagnostics, both identification and antibiotic susceptibility / resistance testing, through its bacteriophage-based amplification platform for immunoassay diagnostics. The company will develop, manufacture, and market these tests into the clinical market. Phage Enabled diagnostics allow for: More precise detection: More direct detection; More affordable detection; More rapid detection with results in a little as 45 minutes instead of 72 hours.
Related Links: MicroPhage || BioWest 2007 || BioScience Channel || w3w3.com Blog || Keywords: Jack Wheeler, Life Sciences, MicroPhage, Super Bug, MRSA, MSSA ID, Susceptibility, BioWEST 2007 > 12/10/07 Bytes: 16323294 > LISTEN
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419_ International Market Entry Into China
Garth Jensen introduces two of his colleagues, Rob Lamb and Bill Decker, they discuss what is required for market entry into China. Robert Lamb is Special Counsel in the HRO Commercial Law and Securities Practice Group. His practice is largely focused on international business, and he brings extensive experience with matters involving the Far East market including China, Hong Kong, and Taiwan. Mr. Lamb works with local and national businesses, as well as government entities, to access the Chinese markets, and he has experience with transactions involving private equity investments. Bill Decker is founder and managing director of Partners International. He consults in foreign and domestic market penetration, negotiation, cross-cultural understanding, and strategy for Start-ups and company growth. Bill speaks fluent Chinese as well as four other foreign languages. They both agree that 20 types of experts are needed for an international entry and China is no exception. Here are a few topics: A Strategist, someone who knows and understands the nuances of China; An International Negotiator, not just a regular one, because those negotiating rules change; A Connector, someone who has the right connections. “Guan Xi”; Translator, meaning what’s in the written word. What’s in the brochure, what’s in the emails; Interpreter. Means someone actually at these meetings and interpreting what’s being said and what’s being heard.; Market Researcher for the Chinese Market; There's more.
Related Links: Partners International || China-Bashing Blog || China Biz Info || Holme Roberts & Owen || It's the Law || Keywords: China, Rob Lamb, Bill Decker, Holme Roberts & Owen, Partners International, Guan Xi, >> Bytes: 26440414 LISTEN 12/10/07
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418_ Supporting Veterans Building Their Business in Changing Times
Join SBA, Business Counselors, Elected Officials and Veterans from across Colorado!
The SBDC will be featuring programming for Veterans at a one day workshop. Free one-on-one confidential counseling will be available all day from legal experts and business consultants. Program details of this conference as well as small business challenges today were shared by Kelly A. Manning. She is the State Director for the Colorado Small Business Development Center Network. Kelly oversees the operational management, strategic planning, and financial planning of a $2.4 Million dollar federal and State Small Business Conference for Veterans. In addition to keynote addresses, the conference has three powerful tracks.
Track 1: Back to Basics: Price for Profit, Chris Luchs-SBDC Westminster
Track 2: Building a Foundation: Small Business Finance Options-Panel: SBA, Local Bank, SBIR Track 3: Working with the Government: Contracting 101, Ric Denton-SCORE
Those eligible to participate in these courses are: Veterans, spouses of Veterans, Retired and Active/InActive Duty military, Reservist, employees of Veteran-owned businesses, and all dependents. The general public is also invited to attend. Cost is $30.00 for Veterans (includes Breakfast and Lunch) and $40.00 Non-Veterans.
Related Links: Small Biz Conference for Vets || SBDC Home Page || 2006 Conference Photos || 2005 Conference Photos || Veterans Channel || Keywords:Veterans, SBDC Network, Kelly Manning, Small Business Conference for Veterans, Financing, Budgets
>> 12/3/07 Bytes: 16828377> LISTEN
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417_ LifeSciences - A Colorado Economic Powerhouse
The 5th Annual BioWest Conference and Expo attracts more than 900 of the Rocky Mountain region’s bioscience executives for networking, presentations, services, new technologies and business strategies. Jack Wheeler, Chairman of the Board, Colorado BioScience Assoc. and Founder, VP Bus. Dev. MicroPhage, discusses with Larry the high-lights of this two-day conference. It's loaded with Stimulating and Informative Keynote Presentations:
Jim Collins noted management guru and author of "From Good to Great…Why Some Companies Make the Leap and Others Don’t"; Stephen Ubl, President and CEO of AdvaMed (the Advanced Medical Technology Association); Chris Nolet, Ernst & Young, Partner and Leader Life Sciences Industry Group; Karen Bernstein, Editor-in-Chief of BioCentury; Governor Bill Ritter.
There are also some top-notch Company Presentations:
Companies presenting at the Mature Company forum include Array Biopharma, Baxa, Blue Sun Biodiesel, Cochlear Americas and Heska,. Start up companies chosen to present at the Venture Showcase include MBioSystems, Nanodisc, Sierra Puente, Solix Biofuels, ValveXchange and Ventrus Biosciences.
In addition attendees will find Industry Support Resources and see some new research discoveries.
Related Links: BioWest 2007 Details || Photos BioWest 2006 || BioScience Channel || Find It || Keywords:BioWEST 2007, Jack Wheeler, Life Sciences, Jim Collins, Governor Bill Ritter 12/3/07 Bytes: 8933128 LISTEN
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416_ Think Like a Hacker and We Can Beat Them
Most people don’t think like hackers. Today’s hacker isn’t the hobbyist or the kid taking a break from his Xbox. Now it’s a criminal and they just don’t give up – they work through the night until they break in. Roxanne (Roxy) Podlogar, VP Commercial Services, SysTest and Ron Wood, director of Business Development for our Security Practice, he’s certified CISSP cover issues from misperceptions to firewalls; from wireless to credit card fraud. Ron explains, "Here's an example of a a misperception. You put your firewall up and you feel safe. But once the wall is compromised, your applications are wide open. There are various ways to get through and that could be as easy as you open Port 80, the standard http access. When you open your website to customers on the Internet, it’s open doors. You’ve just opened a window to your application, so you want to know that your application is secure. It’s not enough just to have a firewall; you have to harden your application. It’s got to be hardened all the way through, your barriers of defense. First you build a wall, then you harden your apps, make a hardened OS all the way down to your desktop. I mean everything needs to be hardened." Larry cringed when he heard that one. There are many famous cases such as the TJ Maxx horror story. In that example over 45 million credit card user data was stolen. There was more money made and stolen in that one transaction than every bank robbery across the last 10 years.
Ron and Roxy share some very important strategies.
Related Links: SysTest Labs || Hi-Tech Heist - CBS News || Cyber Security Channel || Software Channel || Keywords:Systest Labs, Ron Wood, Roxanne Podlogar, Firewall, TJ Maxx, CISSP,
12/3/07 Bytes: 27128563 LISTEN
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415_ Photography is Still Considered the No. 1 Hobby in the World
Disruptive technology has impacted almost all of us...some quicker and harder than others such as photography. "The technology today is so amazing. It’s so empowering, so invigorating. It is leveraging the “pixie dust” factor that we have every time we take a picture. The whole notion of creating images and memories is exemplified. Exciting future, in one or 2 years, you’ll be streaming all of your photos to every TV in your home, " predicts LifePics Founder, Vahe Christianian.
Jon Strickler, Practice Director with Spitfire Group, discusses with Vahe how Disruptive Technology completely revolutionized the entire photography industry.
Vahe Christianian starred as the 'marketing man', in the very successful family business – Mike’s Camera, and they began to realize the effect digitization was going to have on the photo industry. The big talk was, "How quickly would it go digital?” It really caught lots of people in the industry off guard. Companies like Polaroid going out of business and not being ready to deal with the challenges, Kodak has suffered through the years in trying to establish themselves as a true digital company. There were a lot of other players. But really the shift happened so quickly... and that is what Disruptive Technology is all about. This is what out-of-the-box thinking is all about.
Related Links: LifePics || Spitfire Group || Mike's Camera || Disruptive Technology Channel || Keywords: Disruptive Technology, LifePics, Spitfire Group, Vahe Christianian, Jon Strickler, Digital Media, Kodak, Photography 12/3/07 Bytes: 26079297 LISTEN
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411_ Patience and Getting a Deal Closed in China
We all realize we are part of a global marketplace, but in many ways, the steps to take or avoid are not always as apparent. Garth Jensen, partner at Holme Roberts & Owen (HRO) had an in-depth discussion with his guest, Robert Lamb, also from HRO and expert on doing business in China. Rob spent the last several years in China on the ground, understands the culture, and speaks the language well. Garth asked him, "Many US companies come to you wanting to do business in China. How do you get them started?" The following is quite eye-opening to many. Rob answers, "Often, they come to me looking for direct China access. Sometimes it’s very basic, sometimes it’s more complex in the finance world. Ultimately they want to know how they go to China with whatever venture they have in their pocket, and be successful in China. There’s an array of things. You come to a lawyer and they might tell you the 9th or 10th thing you need to worry about are legal issues. That there’s a whole array of different cultural issues, administrative issues and different things that you need to be aware of before you even jump into the legal aspect. I learned early if I was going to have this sort of unique practice, I had to be able to counsel my clients on all aspects of China. The number one and most important thing that you are going to do is to identify key partnership/relationships." There's much more.
Related Links: U.S. Commercial Service || Holme Roberts & Owen || It's the Law || Find It || Keywords: Robert Lamb, China, , Holme Roberts & Owen, Garth Jensen, International, Cultural Issues >>
11/26/07 Bytes: 22905315 LISTEN
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