“That can’t happen to me,” I thought.
Years later, when I was getting forced out of a successful company that I started, I realized Gk was right.
I hired attorney Adam Bloom. I asked him, “Why does Mark Zuckerberg get to run his company?” Adam explained that Mark Zuckerberg’s paperwork was founder-friendly. Mine… not so much.
Adam and I tried to liquidate my holdings, but the investors wouldn’t cooperate. I couldn’t compete or I could lose my equity. I was stuck.
Then I realized I wasn’t alone. The same thing happened to Steve Jobs at Apple. Sean Parker at Plaxo.
Sean Parker is interesting because after being forced out of Plaxo, he met the young Mark Zuckerberg. Sean helped Mark come up with an uncommon answer to a question that often causes entrepreneurs (me included) to get pushed out of their companies.
“Do you wanna be rich or do you wanna be king?”
The “Rich or King” question is the most common and difficult dilemma that founders face according to Professor Noam Wasserman who researched 10,000 entrepreneurs.
Many entrepreneurs don’t realize that there is a better answer to this old question. It’s an answer that Sean Parker helped Mark Zuckerberg come up with when Facebook was just getting started.
It’s an answer that let Mark Zuckerberg walk into a room of Wall Street analysts in a hoodie during Facebook’s IPO in 2012. It’s an answer that—to this day—keeps Mark Zuckerberg as Facebook’s CEO. The answer is the founder will not make the tradeoff at all, and that is what’s best for the company.
A young investor who bought into Facebook’s IPO has more than quadrupled her money today. A shareholder who bought into Google’s IPO grew her money by more than 18 times. (Google is controlled by its founders too.)
Both Facebook and Google appear on a list of companies that Credit Suisse calls the CS Family 1000. The average cumulative returns of the Family 1000 have outperformed their peers by 400 basis points per year since 2006. The list includes companies like Berkshire Hathaway, Nike, Oracle, and Alibaba.
Credit Suisse calls founder-controlled companies an asset class with a “compelling” investment case. Investors win when founders don’t make the tradeoff between rich or king.
One standard to rule them all.
During my drawn-out struggle, I called my friend, Lindsey Miuccio, to vent. She asked, “Why don’t you channel all this energy into something that makes the old way of investing obsolete?”
“Huh,” I hadn’t thought about that. What if we could model the contract that Sean Parker helped Mark Zuckerberg get and give it to every founder in the world?
There was just one little detail. Companies’ legal documents are all different. Changing them can involve a lot of legal heavy lifting. I wasn’t ready for that kind of heavy lifting.
Then, a miracle happened. My investors and I settled our differences.
As soon as the ink dried, I was ready to pay it forward to other entrepreneurs.
My attorney, Adam, and I made a list of everything that was wrong with my old contract. I called my friend Dan Flanegan and asked him what went wrong with contracts he had signed in past startups. Adam, who is also an entrepreneur, added lessons from his past ventures.
We wrote. We debated. We studied the boards of public companies. We researched the bylaws of Google, Facebook, Snapchat, and others. We did this for six months. What we came up with was a standard that any contract could be adapted to.
It’s called the Founder Friendly Standard. It comes with an adjudication form that an entrepreneur brings to an attorney. The attorney checks a few boxes to show an entrepreneur how a deal compares to the standard before the founder signs. (It would have been nice to have in my 20s!)
A new economy starts with a new question.
The National Institute for Standards and Technology (NIST) calls standards details of “mega” importance.
Imagine if there were no standards for the electrical grid. It would be hard to find a toaster that wouldn’t burn your bread or a washing machine that could spin your clothes clean. Standards are behind many aspects of modern life. There is even an ISO standard for brewing tea.
We put all this thought into breakfast, laundry, and tea leaves … Where are the standards for how the next Oracle, Nike, SAP, Facebook, and Google will be funded?
The Founder Friendly Standard is ready to fill that void.
What if a family office or pension fund indexed startup equity on the Founder Friendly Standard? Indexing can outperform stock picking over the long-run. Could indexing be applied to early stage equity?
See also: Grays Sports Almanac for Venture Capital Case for investing in founder-controlled companies.
What if a Fortune 500 company spending 4x more on M&A than R&D invested in startups? Could the enterprise bring innovation into its ecosystem faster and save on acquisition costs down the road? The Founder Friendly Standard can provide the structure for this collaboration.
Even before the Founder Friendly Standard, entrepreneurs have found ways to build innovative companies. Now, imagine the next generation of Facebooks and Googles we could have with the standard in place.
The new question is, “Where is the hands-off capital?” Entrepreneurs who build their businesses to attract this kind of capital will lead us into a new economy. That is what the next chapter of our story is about. Our next chapter is called, “Grays Sports Almanac for Venture Capital: Beat the odds with a new asset class of warrants on the Founder Friendly Standard.”