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TEACHING
Feature:
Between the Idea and Reality
OUTREACH
Feature: Seeking Greatness
Fourteen
Students, Dozens of Questions, One Entrepreneur
Ask
the Wharton Experts
Faces
of Wharton Entrepreneurship
RESEARCH
Learning
from China's Emerging Growth Companies by Teaching Them
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Keynote
Speaker to Venture Fair Audience: $20.00 and "Guts" Can Lead
to Thriving Business
Phil Friedman
arrived in New York from the Soviet Union in 1976 with $500 in his pocket
and no English. He needed $240 for his first months rent and $240
for a security deposit. He took a crash course in computer programming
at NYU and in 1984 founded Computer Generated Solutions, which now has
1,600 employees in 17 countries.
"The truth
of the matter is you have to have guts," said Friedman, the keynote
speaker at the Wharton Business Plan Competition Venture Fair. "You
have to have something inside you that you probably cant learn in
business school. It is being not afraid of failure. It is the fact that
you like what you do. You also need to have knowledge. You have to be
able to read a balance sheet, understand basic law, market conditions
and how sales are done. You have to be able to lead and motivate. Some
things you can learn in school but certain things you have to have within
you."
After his remarks,
a student asked whether the current economic environment is a good one
in which to launch a new business. "The right time is the time you
decide," Friedman said. "When you feel the fire in your belly,
it is the right time for you. Funding is available but you have to work
harder for it today. I would do it when I feel it is the right time for
me to do it and when I feel I have a good idea."
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Ask the Experts
Whartons
entrepreneurial alumni and faculty answer questions affecting your business
How
can I speed up the corporate decision making process? All of the deals
I have done with large corporations have taken a minimum of 6 months to
negotiate. Rather than accepting this as "normal" I've been
trying to refine my approach to larger corporations. For example, I've
found that deadline brinkmanship works well i.e. if it's not done by "X"
we have no choice but to do "Y". I've also found that keeping
the decision maker involved helps get things done. Is there anything I
can do to that will help get a large company moving more quickly than
they normally conduct business?
Mired in the Midwest
Its
always important to keep in mind that while the deal might be large for
you, it is likely only of minor importance to the large corporation. And,
if you are dealing with a public company, their priorities could change
with quarterly financial results. A few additional concepts to keep in
mind:
- Going in, ensure
that the champions of your deal are motivated and incentivized by their
company to get the deal done.
- Continue to restate
the mutual objectives of both organizations at the start of any major
meeting or correspondence. Confirm that the original assumptions are
still valid, or, modify them if they have changed.
- Always keep alive
(though at times it might be subtle) the threat of taking your offering
to their competitor.
Rob Weber,
Lecturer, Wharton Entrepreneurial Programs; Fellow, Jerome Fisher Program
in Management & Technology (M&T); Partner, Antiphony Partners,
LLC
The
problem targeting large companies as customers or "partners"
is that it is in their nature to move slowly. It has nothing to do with
you or your company. There is a minimum amount of time it is going to
take to move a deal through the process in a large corporation. Accelerating
that deal is possible on the margin but there are inherent limits. Here
are some ideas on how to do it. The first thing to do is accept that your
chosen customer base moves at a certain pace. Secondly, understand every
aspect of that pace; know its parameters. Thirdly, agree on a timeline
in advance and be sure you have identified your internal "champion";
someone on the other side you can trust and who is motivated to get the
deal done. Next, try to pursue smaller deals initially that fall underneath
certain decision-making or approval layers. These deals move much more
quickly than big deals. A larger number of smaller deals with blue chip
companies can have as much beneficial effect as one or two big deals.
Finally, try to avoid brinkmanship or ultimatum tactics. More than likely
they will be counterproductive. In most cases your intended customers,
especially big companies, just dont care what pressures you are
under.
Shawn Marcell,
Lecturer, Wharton Entrepreneurial Programs; Sr. Vice President Marketing
& Business Development, Linguagen Corp.
My
partner and I jointly own a technology company and three patents. Now
my partner says he wants to move on and start another company by himself.
Clearly we need legal help but what are the main issues related to dividing
intangible assets such as our patents?
De-partnering in Pennsylvania
As
with any legal issue, you should seek legal counsel with expertise. That
said, in the issues raised in your particular circumstances, some of the
key issues are (1) who owns the patents and whether there are any third
parties who have any rights in those patents, (2) whether there is an
agreement among the owners of the business such as a shareholders' agreement
that provides for the distribution of assets upon dissolution of the company,
and (3) how the partners intend to allocate rights to the patents between
them going forward.
Assuming that the
patents are owned by the company, the distribution of the patents would
depend on what the shareholders' agreement provides upon dissolution of
the company. If the agreement does not address that issue, then the partners
would have to reach agreement on how the patents would be distributed
to them. If both parties wanted to continue to use the patents then they
could enter into licensing agreements pursuant to which each party would
have a license to use the patents within a certain scope of use. The allocation
of rights to the patents should be part of a global termination agreement
between the partners that winds up the pre-existing company and allocates
rights and obligations of the partners with respect to the assets and
liabilities of that company.
Robert J.
Borghese, Esq., Lecturer in Legal Studies and Entrepreneurial Management;
Attorney at Law, Borghese Law Firm
(The above information
is provided as a service to the Wharton entrepreneurial community and
does not constitute legal adviceEditor)
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