FOMO Is Leading To Cramming Of Startups According To One Capitalist

Posted on February 23, 2015 by admin

Brokerdealer.com blog update courtesy of the Wall Street Journal.

Venture capitalist and Benchmark partner, Bill Gurley, advised people against “cramming” too much money into startups, such as Uber, Snapchat, and WeWork, at last week’s Goldman Sachs technology conference. Following his speech, Gurley gave even further insight to investing in startups and how the slang word, FOMO, plays into investing.

After speaking about the risks of “cramming” too much money in startups at the Goldman Sachs technology conference last week, venture capitalist Bill Gurley exited the stage.

More than a dozen investors swarmed the lanky partner of Benchmark, eager to speak with him— but few were planning to heed the venture capitalist’s advice. According to Gurley, one man, who represented a large mutual fund, asked, “You don’t want us to invest in this but the big tech stocks are not delivering enough growth and my competitors are getting into these startups, so what are we supposed to do?”

Gurley says he didn’t have a good answer but he wasn’t surprised by the sentiment, which he describes as FOMO, a slang popular among millennials that stands for “fear of missing out.”

It is this infectious FOMO, according to Gurley and other venture capitalists, that has created a flotilla of billion-dollar startups with ever-soaring valuations and mixed financials.

According to The Wall Street Journal’s Billion Dollar Startup Club, there are now at least 73 private technology companies worth more than $1 billion dollars, versus 41 a year ago. Some, such as Uber, the $41.2 billion car hailing app backed by Gurley’s Benchmark, are worth enormous sums. At least 48 companies were valued at $1 billion or more for the first time, and another 23 members moved up the ranking after raising more money.

Many investors are treating these 73 companies as if they were publicly traded, says Gurley. They are investing sums of money usually reserved for IPO offerings and, sometimes, giving away those dollars with the kind of confidence usually associated with investors who’ve perused regulatory filings for detailed financial information. The investors themselves are a blend of traditional venture-capital players and typically public-market investors: hedge funds, mutual funds and banks. They are sort of meeting in the middle, with the venture capitalists investing in later-stage companies than they have historically done, through new growth funds, and the institutional investors getting in before the IPO.

“We’ve been calling this the private-IPO slice,” said David York, managing director of Top Tier Capital Partners, a fund of funds. “The valuation of risk is a public-market thought process versus a private-market thought process.”

Gurley, who has become a vocal critic of irrational behavior in the industry, says he’s also very worried about the pile-up in the “private IPO” market.

He’s worried that venture capitalists’ new bedfellows, such as mutual funds, are too new to venture capital to properly weigh the risks and realize that these billion-dollar companies are not guaranteed home runs.

“This replaces the IPO — but not all these companies are IPO level candidates,” he said. “Would you hand a teenager $200,000?”

According to data collected by The Journal, of the 29 firms that have invested in five or more current billion-dollar startups, only about half are traditional venture-capital firms. The rest are a mix of institutional investors, such as the Dragoneer Investment Group and Tiger Global Management, and strategic investors, such as Intel and Google. Near the top of the list is Tiger with 12 investments in private billion-dollar companies, and T. Rowe Price Group with 11. In this group, Tiger also raised the most money last year, keying up $4 billion, or 12% of all venture capital raised in 2014.

With such financial heavyweights jumping in, many of their peers are wondering: Can I afford to sit out?

It’s difficult to quantify exactly how much money is sloshing around at this level. Several top venture capital firms have raised large growth funds in the past few years, but total contributions from hedge funds, mutual funds and banks is practically immeasurable without knowing how much each invested in particular funding rounds. Whatever the amount, this layer of growth capital could warp prices, venture capitalists say.

“It’s like traffic on the highway, you add just 5% more cars and it slows down traffic considerably,” said Glenn Solomon, a managing partner at GGV Capital. His firm is an investor in four companies in The Billion Dollar Startup Club.

In some ways, Gurley’s firm has benefited from this influx of pre-IPO capital. His firm is an early investor in four companies in the Billion Dollar Startup Club: Uber, Snapchat, WeWork and Jasper Technologies. All four have since raised money from a big public-market investor.

For the entire article from the Wall Street Journal, click here

BrokerDealers Want To Ride With Uber

Posted on February 19, 2015February 20, 2015 by admin

Shanghai, China. February 13th 2014. Driver images for UBER marketing content.

Brokerdealer.com blog update is courtesy of the New York Times’ Deal Book’s Mike Isaac.

Uber is an app-based transportation network and taxi company based out of San Francisco, California. It began in 2009 and has slowly been making its way across the United States and the world. Customers use the app to request rides and track their reserved vehicle’s location. Uber vehicles range from black luxury SUVs and town cars, to taxis, drivers’ personal vehicles. Although Uber hasn’t gone public yet, they have recently expanded their venture round to a total capacity of $2.8 billion due to high demand. Now, it is only a matter of time before the company decides to go public and the brokerdealers can’t wait.

Uber, the ride-hailing service, likes to trumpet its popularity with consumers. Their fervor is surpassed, perhaps, only by investors’.

Facing overwhelming demand from institutional investors, Uber has expanded its Series E round of venture financing by $1 billion, according to documents filed Wednesday with the Delaware secretary of state, bringing the total capacity for the round up to $2.8 billion.

The move, which was confirmed by Uber, occurred just weeks after the company closed a $1.2 billion round of financing. At the time, Uber said it had left capacity for about $600 million in additional strategic investments, according to a Delaware filing. The company is incorporated in Delaware and based in San Francisco.

But the appetite for a piece of Uber has proved to be greater than the company had imagined. The $600 million was quickly oversubscribed, and Uber decided to raise the amount. Baidu, the Chinese Internet giant, accounts for part of the additional investment beyond the $1.2 billion round.

The most recent expansion is on top of some $4 billion Uber raised, including a recent $1.6 billion round of convertible debt financing from the clients of the private wealth arm of Goldman Sachs, the investment bank previously confirmed.

Uber’s $40 billion valuation, extraordinary by any private technology company’s standards, remains unchanged since the company announced the first part of the round in December. Uber is one of the most richly valued private technology start-ups, second only to Xiaomi, the Chinese smartphone manufacturer.

“The participation we have seen in Uber’s Series E underscores the confidence investors have in Uber’s growth,” Nairi Hourdajian, the head of global communications at Uber, said in a statement.

Even in Silicon Valley’s recent venture capital environment, where hundreds of millions of dollars and high valuations seem much easier to come by, Uber remains an anomaly. The company has raised close to $5 billion in private financing since it was founded in 2009, and it appears in no hurry to introduce itself to the public markets.

Uber is likely to need full pockets to continue its rapid growth.

The company is working to expand UberPool, its ride-sharing initiative that links multiple passengers heading toward the same destination and lets them split the cost.

Uber has also said it intends to bolster its European operations and push into the Asia-Pacific region.

It can expect to meet opposition. Uber faces stiff resistance from taxi and limousine interests in countries like Spain, Germany and Belgium, among others, and will probably need to spend heavily to market itself to win favor with locals.

To do well in China, the world’s most populous country, Uber will probably have to spend heavily to take on services like Kuaidi Dache and Didi Dache, China’s two largest taxi-hailing services, which recently announced plans to merge. That deal, if completed, would give the two services more than 90 percent of the market.

Meanwhile, Uber’s largest United States competitor is also raising money. Lyft, identified by its signature pink mustache logo, is trying to raise at least $250 million in private capital, with participation from at least one previous investor, the Alibaba Group of China.

For the original article, click here.

Shake Shack IPO Could Leave Bad Taste

Posted on February 18, 2015 by admin

Brokerdealer.com blog udpate courtesy of Forbes’ contributor Jeff Golman.

In late December, brokerdealer.com blogged about the exciting news regarding Shake Shack applying for an IPO. Shake Shack, a New York burger chain burger chain created by famous restaurateur Danny Meyer, is known for its fresh cut fires, 100% all beef burgers and hot dogs, and most of all its delicious shakes. The chain has been growing ever since its opening in New York City in 2000 and now has 63 locations open worldwide. Forbes’ contributor Jeff Golman believes that the burger chain’s IPO is too good to be true and is overdone.

By now, I’m sure you know all about Shake Shack’s recent IPO. The burger chain’s nearly $2 billion valuation and 130% pop on day-one of trading was nothing short of impressive, albeit slightly anticipated.

Shake Shack is just the most recent in a string of “fast-casual” restaurants to go public in the past 10 years, and investors are eating them up. However, it’s important to note that Shake Shack’s unit economics and demographic positioning made this a particularly interesting investment opportunity, which will be incredibly difficult to duplicate. And while the IPO may be a positive sign for similarly-placed restaurant concepts, it cannot be applied across the board.

The public offering has always been a credible and attractive exit opportunity for the right concept, but it has boomed in the past year with some 1,205 issuers raising nearly $249 billion globally, according to data from Thomson Reuters. Increased confidence in the U.S. economy, low interest rates and positive IPO performance have combined to encourage businesses to make offerings and investors to take greater risks.

However, just because a company can go public, doesn’t mean it should. Successful IPOs require a very impressive growth profile, and even the most well-positioned company still runs the risk of failure. Therefore, for many, a merger or acquisition may be a safer, smarter and preferred method of growing and funding a business.

One of the major challenges of going public is the overwhelming emphasis on short-term financial performance. For example, the moment Shake Shack comes out with a disappointing quarter, its stock will likely drop, and possibly sharply. Since shareholders and analysts tend to concentrate on short-term earnings rather than long-term return on capital, public companies must often shift focus to meeting quarterly targets rather than bolstering strategic opportunities and innovation. In short, it’s hard to invest in long-term growth when you’re battling the markets.

Another significant roadblock in the IPO route is that they don’t generate immediate liquidity. The ability to cash out completely on day one is unique to M&A exits, and in today’s robust M&A market the more quickly this money can be put to work, the better.

2014 was the strongest year for deal-making since before the recession with a 47% increase in the total value of worldwide M&A since 2013. There’s a lot of money in the private market right now, and anyone looking to exit should consider taking advantage. The lower costs, corporate stability, decreased risk, greater flexibility for management, and more stable valuations provided by a merger or acquisition far outweigh the benefits of being listed on the public market. Yes, IPOs are hot right now, but the problem with heat is that it always dies down. It may be easy to label Shake Shack’s offering as a success today, but time will tell if they can live up to the hype.

It’s in our nature to look out for “the next big thing,” and once we find it there’s no turning back. But there is something to be said for stability and consistency. One of the reasons Americans love burgers isn’t just the delicious taste, but the sense of nostalgia we feel when we eat them. They bring us back to the good old days when life was just a little bit simpler. Just like a good burger, M&A is a slow cook aiming to provide the best flavor.

For the original article, click here

“SEC-Approved” Ponzi Scheme Shut Down, 10 Years Later…

Posted on February 13, 2015 by admin

Brokerdealer.com update courtesy of Mandy Perkins from Bank Investment Consultant.

California-based RIA is in big trouble after leading investors to believe that what they were doing was given the OK from the SEC. GLR Advisors were running a basic ponzi scheme over the last ten years with no one including the SEC noticing until recently.

Most advisors know better than to oversell a product’s performance, but what about its “approval” by the SEC?

The SEC barred a California-based RIA from the industry this week after the firm was charged with misleading investors — including falsely claiming that its fund was “SEC approved.”

According to charges filed by the SEC in 2012, John A. Geringer of GLR Advisors and GLR Capital Management raised over $60 million by inflating the performance and misrepresenting the strategy of a private investment fund he told investors was “SEC approved.”

Between 2005 and 2011, the SEC says, the firm advertised its “SEC approved” GLR Growth Fund as having returns of 17%-25% during every year of its operation.

The commission says GLR’s marketing materials claimed the fund was “tied to well-known stock indices such as the S&P 500, Nasdaq and Dow Jones, as well as in oil, natural gas and technology-related companies.” But since mid-2009, the regulator says, the fund did not invest in any publicly-traded securities. Instead, funds were placed in “illiquid investments” in two private startups and used to pay back other investors and fund the “entities Geringer controlled,” the SEC says.

Beyond that, the SEC charges, “to the extent Geringer engaged in actual securities trading, far from generating high annual returns, he consistently lost money.”

Geringer could not be reached for comment. His attorney William Michael Whelan declined to comment on the case.

‘CAN’T CATCH EVERYBODY’

Needless to say, registration with the SEC does not imply endorsement by the regulator. So why were these advisors able to get away with it — not to mention the Ponzi scheme — for so long?

According to Todd Cipperman, principal at Cipperman Compliance Services, the SEC can only examine about 10% of advisors each year, making it easier for bad behavior to go undetected.

“This stuff goes on. There are bad folks out there and they lie to people,” he says. “You know, it’s just like any other law enforcement…[the SEC] can’t catch everybody and they eventually caught these guys.”

Third-party examinations could help solve this problem, Cipperman argues. “This is exactly the kind of case that it could have helped with,” he says. “A small advisor like this is not a targeted priority.”

But even advisors who aren’t using false statements or running fraudulent schemes should be careful about how they market their services — particularly when mentioning SEC registration.

Cipperman’s advice? “At the end of the day, if you have to scrunch up your nose when you make statements, it’s not a good statement to make,” he says. “We all accept a certain level of puffery in marketing, but when you’re a fiduciary, you can’t do that…you need to back up your statements with facts.”

PRISON SENTENCE

The SEC’s decision to bar Geringer comes just weeks after one of his partners in the business, Chris Luck, was sentenced to 10 years in prison and ordered to pay over $33 million in restitution for his role in the scheme.

Last year, both Luck and Geringer pleaded guilty to securities fraud, mail fraud and conspiracy to commit mail and wire fraud, according to SEC and Justice Department documents. During the trial, Luck told a California court that investor money brought in by the fund paid both his salary and bonus payments, according to the sentencing statement.

Both Geringer’s case and that of another partner, Keith Rode, are ongoing, according to court records.

Pot Court Case May Be Pot of Luck for Investors: $Billions At Stake

Posted on February 12, 2015 by admin

Brokerdealer.com blog update is courtesy of Karen Gullo from Bloomberg Business.

About a month ago, the Brokerdealer.com blog profiled Peter Thiel’s Founders Fund, a venture capital firm best known for backing tech companies including Facebook, SpaceX, Airbnb and Spotify, making a multimillion-dollar investment in Privateer Holdings, a Seattle-based private equity firm focused on pot. Now the further success of this private equity firm hangs on the outcome of a current pot court case in California.

A federal drug enforcement agent turned private-equity manager at a firm backed by PayPal Inc. co-founder Peter Thiel is watching the trial of a garden-variety pot grower with high hopes for the nascent marijuana industry.

It may sound like an only-in-California story — and it is, for now — but a win by the defendant may move the entire nation toward legalization of a business some value at more than $50 billion a year.

Patrick Moen, head of compliance and chief lawyer at Privateer Holdings Inc., an investment firm focused on cannabis, is following the case of a man described by prosecutors as the “go-to” guy at a sprawling marijuana plantation in the mountains of Northern California.

The defendant’s lawyers won the right to challenge the government’s treatment of marijuana as a controlled substance, as dangerous as heroin. They’re making their final pitch Wednesday for a federal judge to declare the government’s position unconstitutional in light of evidence of pot’s medical uses and steps the U.S. has taken to recognize legalization efforts in several states.

A defense win would boost the legal market for cannabis-related products and confirm for investors that the times for pot are changing.

‘Enormously Significant’

“It’s pretty obvious that a positive outcome would be well-received by policy advocates and the markets,” Moen said in an interview. “Just the fact that the judge has agreed to consider the issue is an enormously significant event.”

Moen, who in November 2013 became the first agent to leave the U.S. Drug Enforcement Administration for a job in the cannabis industry, according to the Privateer Holdings website, said he wasn’t alone at the DEA in believing that banning marijuana “was foolish and a waste of resources.”

While most of his cases involved crack cocaine, heroin and methamphetamine, his team busted medical-marijuana growers in Oregon, he said. Moen said he came to the realization that “this whole policy is just wrong.”

Some DEA colleagues were disappointed with his new career, though most were supportive and share his feelings, Moen said, adding that he’ll be looking to hire former agents in the next year as part of his effort to professionalize the cannabis industry.

Marijuana Investments

Thiel’s venture capital firm, Founders Fund, last month announced its investment in Privateer. The Seattle-based holding company owns marijuana-related businesses, including the information website Leafly, Canadian medical marijuana company Tilray and Marley Natural, a cannabis brand venture with the family of singer Bob Marley that will offer Jamaican marijuana strains and cannabis- and hemp-infused topical products and accessories.

Founders Fund didn’t say how much it contributed.

“This is a multibillion-dollar business opportunity,” Founders Fund partner Geoff Lewis said in January.

Voters in Alaska, Oregon, Washington, Colorado and the District of Columbia have legalized recreational marijuana, and medical use of the drug is allowed in 23 states.

Pot smokers and investors are tracking the Sacramento, California, case of Brian Pickard, one of 16 people charged in 2011 with growing almost 2,000 marijuana plants in a national forest and in gardens off a dirt road in Hayfork, a town of 2,000 about 100 miles south of the Oregon border.

U.S. District Kimberly Mueller, an appointee of Democratic President Barack Obama, decided last year to allow Pickard’s lawyers to argue that classifying pot as one the nation’s most dangerous drugs is irrational.