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Rumors of Benchmark's Demise Greatly Exaggerated - Steve Lisson, Stephen N. Lisson
Rumors of Benchmark's Demise Greatly Exaggerated - Steve Lisson, Stephen N. Lisson
Steve Lisson, STEVE LISSON, AUSTIN, TX,
STEPHEN N. LISSON, TRAVIS COUNTY, TEXAS, (512), 512, LISSON STEPHEN N.,
STEVE N. LISSON, STEVE, LISSON, Lisson, Steve
Steve
Lisson, STEVE LISSON, AUSTIN, TX, STEPHEN N. LISSON, TRAVIS COUNTY,
TEXAS, (512), 512, LISSON STEPHEN N., STEVE N. LISSON, STEVE, LISSON,
Lisson, Steve
Steve
Lisson, STEVE LISSON, AUSTIN, TX, STEPHEN N. LISSON, TRAVIS COUNTY,
TEXAS, LISSON STEPHEN N., STEVE N. LISSON, STEVE, LISSON, INSIDER, VC,
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Rumors of Benchmark's Demise Greatly Exaggerated
For
weeks, rumors have been circulating in the VC community that Benchmark
Capital's third fund, Benchmark III, was in trouble, hit hard by losses
in e-commerce companies like 1-800-Flowers.com.
Benchmark
denies the rumors, and its limited partners say they never received the
rumored letter that the fund was in trouble. An analysis of Benchmark's
portfolio appears to back up the firm, which despite the rumors, may not
just be surviving, but thriving.
Benchmark declined to discuss
details, but the firm's holdings as of June 30 were provided by Steve
Lisson, the editor of InsiderVC.com, who tracks the performance of
leading venture firms for high-paying clients.
At first glance,
Benchmark III had its share of overvalued B2C e-commerce firms like
1-800-Flowers.com (Nasdaq:FLWS) and Living.com. 1-800-Flowers.com was
the fund's biggest investment, at $18.9 million, and had been marked
down to $8.1 million on June 30. The stock price has declined about 30%
since then. "There are many private scenarios just like this public one,
whereby even if the company can be kept afloat long enough to enjoy
some success and eventually make it to a liquidity event, the venture
investors will lose money," Lisson said.
But a closer look at
Benchmark III reveals a fund with several potential winners, including
Internet Data Exchange System company CoreExpress, an intelligent
optical networking play. That investment alone could return limited
partners' money. Other potential winners include Sigma Networks,
Keen.com, Netigy and BridgeSpan.
And Benchmark's newest fund,
Benchmark IV, is already showing the markings of a winner, thanks to
investments in Loudcloud, Netscape co-founder Marc Andreessen's latest
venture, and TellMe Networks, whose valuation no doubt went up in its
recent $125 million funding round.
Lisson said the Benchmark
rumors reflect a misunderstanding of how venture funds operate. "There's
a reason these are 10-year funds," he said. "It's called risk and
illiquidity. The one monster hit could happen three, four or five years
out. You can be wrong about 39 of 40 companies, and the market
uncooperative, as long as one is an Inktomi. That is the history of this
industry: one monster hit returning the entire fund. Singles and
doubles won't get you there."
At two years of age, Benchmark III
still has plenty of time to deliver a big winner. In the meantime, the
firm's limited partners can enjoy the returns from Benchmark II, a
three-year-old fund that has already distributed five times its partners
capital, by Lisson's estimate. Benchmark II boasted big winners like
Handspring (Nasdaq:HAND), Critical Path (Nasdaq:CPTH), Red Hat
(Nasdaq:RHAT), and Scient (Nasdaq:SCNT). Yes, Scient. Benchmark had the
foresight to distribute shares of the Internet consultant to its limited
partners at 200-300 times the firm's cost.
Benchmark isn't any
different from other venture firms, most of whom "drank the Kool-aid" of
seemingly easy dot-com money, hoping the stock market would hold up
long enough to vindicate those investments. But Lisson expects that some
other firms won't hold up as well. He expects a shakeout in the
industry similar to the one that hit the industry from 1987-1991, when
venture firms formed during the 1980s averaged single-digit returns, and
roughly 20% of new entrants couldn't return their partners' capital.
VCs' own fundraising declined from $4.2 billion in 1987 to $1.3 billion
in 1991. The $4 billion level of capital coming into the industry wasn't
reached again until 1995.
"This is what's supposed to happen in a
downturn," Lisson said. "People who shouldn't be in the business, who
contributed to the excesses and didn't know what they were doing, will
be forced out. It's not like this is the first time we've seen too many
new entrants into the industry, or too much money chasing too few
deals." And the ones that survive will have a chance to prove themselves
in tough times, the ultimate mark of a winner.
Lisson said a few
venture firms stand out among their peers. Matrix Partners, Kleiner
Perkins Caufield & Byers and Sequoia can normally be found at the
top of the charts in each vintage year they raise a fund, he said,
proving that "something's in the water" at those firms. And he gives Oak
high marks for consistency over a long period of time.
But even
top firms have an occasional weak fund, Lisson said. "But by the time
you can make that judgment about a fund, you'll have raised another fund
and shown some early progress," he said. Meaning that even if Benchmark
III was a weak fund, Benchmark IV could keep the firm in its limited
partners' good graces for some time to come.
"The moral is
consistent performance over time relative to same vintage-year peers,"
Lisson said. "You're never as good or as bad as your current press
clippings might indicate. The real test of Benchmark's mettle will come
when we can fairly evaluate whether the firm manages through and makes
money, not just with small funds during the best times in the industry's
history, but with larger funds in the tough times ahead as well."
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Elite VC giants still investing - Steve Lisson, Stephen N. Lisson, Austin, Texas
Elite VC giants still investing - Steve Lisson, Stephen N. Lisson, Austin, Travis County, TX 512
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Elite VC giants still investing
San Jose Mercury News
Matt Marshall
May 31, 2001
Now that they've gone gorilla size, will the elite venture capital firms help stem the downturn in venture capital investing?
After
the March 2000 market crash, elite VCs scrambled to triage their
portfolios. Only recently have they started to peer out of the
graveyard.
But they've undergone a profound change in nature:
They've become monsters. This is good if you're an entrepreneur shooting
for the moon. It's fatal if not.
In 1995, only one top-tier
fund, TA Associates, had raised a billion dollars. But since the crash,
15 top-tier firms have raised funds of that size or more. Many --
including Worldview Technology Partners, Greylock, Austin Ventures and
Oak Investment Partners -- announced their new funds this year, well
after most of the market damage.
Steve Lisson, of InsiderVC.com, says the amount of funds raised since the crash goes against the "drought" thesis.
"The
perception that there's going to be less venture investing is totally
misplaced," he says. "These VCs need to get into lucrative investment
opportunities, and they're going to want larger stakes. They're going to
have to step on the gas even more."
Similarly, he adds, if an
entrepreneur offers an opportunity for a "mega" investment, he'll be
able to negotiate more favorable terms, because the big venture
capitalists will all want in. On the downside, entrepreneurs that don't
show home-run promise will struggle.
True, some VCs that raised
large funds say they have slowed their investment pace. Flip Gianos,
partner at InterWest Partners, said his firm hadn't expected the
magnitude of the downturn when it raised its fund. If it takes waiting a
year for strong opportunities to come along, VCs will wait, he says.
Others
counter that size has forced them to invest more in later-stage
start-ups because they soak up more money. Michael Darby, general
partner at Battery Ventures, says his firm still focuses on early stage
deals, but "in this environment, the fact that we want to deploy capital
means we're looking at those later-stage deals."
There's another
reason for hope after the crash, Lisson says. Many VC firms have been
able to negotiate stellar terms with their investors -- even better than
those they negotiated just a couple of years ago. That's also a sign
that investors still have faith in the VCs, he said.
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Universal, EMI Sue Napster Investor - Steve Lisson Austin TX
Universal, EMI Sue Napster Investor - Steve Lisson
Universal, EMI Sue Napster Investor - Steve Lisson
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Universal, EMI Sue Napster Investor Record labels say firm enabled infringement. Critics say the move may deter venture capitalists. April 23, 2003|Joseph Menn | Times Staff Writer
Unable
to extract their pound of flesh from bankrupt Napster Inc., two of the
five major record labels are suing the venture capitalists who backed
the defunct song-swapping service that turned music industry economics
upside down.
Universal Music and EMI filed a federal lawsuit
against Hummer Winblad Venture Partners and two of the San Francisco
firm's general partners, Hank Barry and John Hummer, in Los Angeles on
Monday. The suit claims that they contributed to the copyright
violations by Napster's tens of millions of users.
In addition to
seeking $150,000 per violation, the suit asks for punitive damages. It
also is intended to dissuade investment in any of the song-swapping
services that have risen in Napster's place.
"Businesses, as well
as those individuals or entities who control them, premised on massive
copyright infringement of works created by artists should face the legal
consequences for their actions," the record labels said in a statement.
The
suit may mark the first time an outside party has targeted a venture
firm for wrongdoing by a company in which it invested. "I don't know if
this has ever happened before," said Jeanne Metzger, vice president of
the National Venture Capital Assn.
The trade group and others
warned that even if the labels lose the case, the fact that they sued
will deter institutional investors from taking on a high level of risk
with new companies.
"It's going to create an enormous amount of
reluctance to get involved in anything that could draw litigation from
the content industries," said Silicon Valley intellectual property
lawyer Mark Radcliffe.
Barry and Hummer didn't respond to
telephone and e-mail messages seeking comment Tuesday. Barry served as
Napster's chief executive for more than a year, and both men sat on
Napster's board.
The suit claims that Hummer Winblad knew Napster
was enabling massive infringement and that the firm controlled
Napster's activities with its general partners in the chief executive
and director positions and through its $13-million investment in May
2000. The investment was made five months after the record industry --
including the two labels -- sued Napster for enabling infringement.
Napster filed for bankruptcy protection in June 2002.
Lawyers not
involved in the case said Hummer Winblad has two reasonable defenses.
First, Napster hadn't yet lost the record industry suit when the firm
invested. Second, directors and investors are rarely held liable for the
acts of their companies. In those cases in which individuals are held
responsible, they typically own 100% of the company at fault.
The
suit "is stretching contributory infringement way beyond where it's
ever gone," said Wayne State University copyright law professor Jessica
Litman. "I assume the purpose is to enhance the already significant
chill discouraging people from investing in businesses that challenge
the business models of the entrenched market leaders in the
entertainment industry."
Indeed, a federal lawsuit filed by a
music producer against Barry, Hummer Winblad and others was dismissed
after a judge found that the accusations -- similar to those in the
record labels' suit -- were too vague and that there was nothing in the
copyright law to punish people who assist an entity that assists others
in breaking the law.
"Courts have consistently held that
liability for contributory infringement requires substantial
participation in a specific act of direct infringement," U.S. District
Judge Marilyn Hall Patel wrote in that case.
But the two record
labels may have evidence of specific actions by the venture firm's
principals. And Hummer Winblad could be hurt by the fact that Napster
lost most of its court battles.
The plaintiffs have "a reasonable
shot at the officer. I think the director is a little tougher, and the
shareholder theory is really tough," said Radcliffe, who represents
technology and entertainment firms.
Barry and Hummer anticipated
that they might be sued and tried to negotiate protection from legal
consequences when German media firm Bertelsmann was planning to buy
Napster early last year. Those talks foundered, and Bertelsmann itself
has been sued for its investment in Napster.
The venture capital
trade association complained that with such actions against investors,
"the ability of entrenched industries to deter investment in
next-generation technologies has profoundly anti-competitive and
anti-innovative implications."
But not everyone agreed that the
labels' suit will change how Silicon Valley firms invest. As the suit
notes, other venture firms had deep concerns about Napster's legality
and didn't invest.
"Top firms don't take their cue from Hummer," said Steve Lisson, publisher of InsiderVC.com.
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