Valley Scribe

Rebecca Buckman's take on tech, startups and venture capital

Archive for December, 2009

Tech IPOs on Hold?

Posted by rebeccabuckman on December 18, 2009

So what’s up with the supposedly brisk 2010 tech-IPO market?

I asked myself that question this week after social-gaming phenom Zynga raised a gargantuan amount of money–$180 million—from Russian investor Digital Sky Technologies, the same outfit that recently bought a chunk of Facebook. Fast-growing Zynga was supposed to be one of the standout, venture-backed IPOs going out next year.

Now, Zynga looks less likely to take the plunge. In an interview, company CEO Mark Pincus confirmed to me that the new funding represents a possible “alternative” to an IPO. “We thought, even in the next six quarters, it was really premature for us from a business standpoint,” he said of going public. Also this week another talked-about IPO candidate, clean-tech firm Silver Spring Networks, said it raised $100 million from investors. That means it could afford stay on the sidelines as well.

Surely some strong Silicon Valley companies will sell shares publicly next year, taking advantage of the (very) nascent economic recovery and investors’ willingness to take some risk again. But I wonder if the big dogs will hang back for a while. The other names mentioned as blockbuster IPO deals for 2010, along with Zynga, have been Facebook and LinkedIn—but I’m not sure either of them is in much of a hurry, either.

Lise Buyer, a former stock analyst, VC and tech-company executive who now runs an IPO advisory firm called Class V Group, agrees. “I think all three of those guys could have very successful IPOs,” she said of the Zynga/Facebook/LinkedIn troika. But “they’ll get there when they get there,” she says. “To the best of my knowledge, none of them have any reason to have to race.”

More marginal companies may be anxious to squeeze through the much-ballyhooed “IPO window” (whatever that is), since investors may be less willing to gamble on their prospects. But Facebook, which is now a Web-culture icon? Zynga, which is profitable and says it has 300 open job positions? They can probably set their own timetable.

That may not please the area’s venture capitalists, many of whom are starved for liquidity and would love a nice juicy exit to show off to their LPs. But even those investors would probably rather get the best deal possible, and have stocks perform well in the long term. Pincus claims his VCs, a gold-plated list including Kleiner Perkins and now Andreessen Horowitz, are all on board with his wait-it-out plan.

Zynga, of couse, faces some other business challenges that could affect a possible deal. It was recently caught up in a mini-scandal over some of the special online offers it uses to entice people to buy things in its online games, for instance. Pincus claims such offers, which Zynga has temporarily suspended, make up on only about 10% of its total revenue, though competitors have speculated the figure is higher. The company’s use of some questionable offers doesn’t make it a less desirable IPO candidate, Pincus says. Zynga has also been extremely aggressive in filing copyright- and trademark-infringement lawsuits against competitors—suits Zynga says are perfectly valid. But rivals gripe they are designed to stomp out competition, and say the flurry of litigation demonstrates that the lightweight games Zynga makes can be easily copied. (I wrote about some of these issues in a story in Forbes in October.)

Other possible deals to look for next year, bankers and VCs say, include Newegg, a profitable online-electronics distributor that filed an S-1 earlier this year, and Chegg.com, which lets students rent textbooks over the Internet.

A final note: I wanted to send a special shout-out to my friends at WordPress, specifically Raanan Bar-Cohen. In recent weeks they’ve gone the extra mile to help fix some technical problems I had as I set up my blog. So thanks again guys! I think the new format looks very spiffy, and I hope my readers do, too.

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Straight Talk From a Tall Man

Posted by rebeccabuckman on December 8, 2009

Attendees at Tuesday’s AlwaysOn VC conference at the swanky Rosewood Hotel in Menlo Park were treated to some unexpected straight dope about the state the venture industry.

Bill Gurley, the lanky Benchmark Capital partner, kicked off the event with a fairly dire assessment of the industry’s prospects. He laid out the case for decreasing, future fund flows into venture, mainly due to the lingering liquidity crunch facing many top LPs. Showing some before/after weight-loss photos of two really overweight guys, Gurley told the standing-room only crowd that he expects the VC industry to shrink by 30% to 50%. (He didn’t reveal who will take the prize as Sand Hill Road’s biggest loser, but I’m sure that will play out over the next couple of years.)

Gurley’s thesis isn’t new. He discussed it at length in an August post on his own blog, abovethecrowd.com. I touched on many of the same themes in my reporting at Forbes, including a Dec. 2008 story titled (somewhat sensationally, in retrospect) “Venture Capital’s Coming Collapse.”

The basic idea is that university endowments, foundations and others poured too much money into illiquid, “alternative investments” like venture capital over the last decade or two. Many were trying to emulate the market-beating returns of David Swensen, the Yale endowment finance chief who looked like a genius when his bets on private equity, real estate and other non-traditional assets paid off big during the market boom. Now, post-credit crunch, he and his followers are saddled with portfolios that have lost a quarter or more of their value. Universities and foundations are in a panic, with philanthropic donations and state aid spiraling downward, too. There have been plenty of articles about the impact this is having on universities like Harvard, which has laid off staff members and curtailed (the horror) hot breakfasts in student dorms.

Still, Gurley’s talk Tuesday was a stark reminder that Silicon Valley—despite the rah-rah, “recovery is here” talk from many VCs and corporate leaders these days—may still face more pain from the economic dislocations unleashed by the financial crisis. Less money coming into venture means fewer firms and fewer deals being funded—though Gurley insisted there would always be plenty of cash to back breakout companies like Google. He also predicted the Valley would see more “stranded angel” deals, or companies backed by angel investors that would be unable to move up to a series A round.

On the plus side, Gurley said some investors could actually decide to be contrarians and double down on their VC exposure, making up for the cash leaving the industry.

Gurley’s frankness was refreshing, I thought. He ended his talk by telling the audience, specifically, how other VCs would try to put a positive spin on the industry’s woes. Then, in the next panel at the conference, a group of VCs did exactly that. Institutional Venture Partners’ Todd Chaffee quoted back one of Gurley’s lines almost verbatim when he said the failure of some VC firms would be a “healthy shock to the system.”

Right. Funny thing is, I have yet to find a VC who thinks he’s going to be the one to close up shop when this whole thing shakes out.

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The Curious Case of Canopy Financial

Posted by rebeccabuckman on December 2, 2009

OK, I’m still figuring out this whole blogging thing—moving a WordPress blog to my own domain name has proved a little more difficult than I’d hoped—so apologies, readers, that this site is still under construction. But my journalistic instincts are prodding me to post!

There are some big new developments in the curious case of Canopy Financial. This is the now-infamous financial-software company that sucked up around $100 million in venture cash, got some customers and hired 123 employees—before melting down last week amid an alleged fraud. It filed for Chapter 11 bankruptcy protection the day before Thanksgiving. This is no Madoff debacle. But it still looks like a black eye for Silicon Valley and the investors who backed Canopy, a five-year old startup that makes back-end technology to support health-savings accounts.

Now, details of the malfeasance finally are coming to light. I just got hold of a civil lawsuit filed by the SEC Monday against Canopy and its COO, Jeremy J. Blackburn. And boy, is it juicy!

Lawyers in the SEC’s crack Chicago office allege that the $75 million private-placement offering engineered by Canopy this past summer was a scheme to defraud investors—namely Spectrum Equity Investors, a well-respected private-equity firm that ponied up much of the cash.

The main actor in all this, according to the SEC’s complaint, was Blackburn, though CEO Vik Kashyap doesn’t come off looking great, either. (Kashyap isn’t named in the lawsuit and has professed his innocence in the matter.) Blackburn allegedly skimmed off about $2.8 million for himself through the scam, the SEC says.

The narrative goes like this: As Spectrum was conducting its due diligence on the private-placement deal, Blackburn and Canopy passed the firm forged financial statements detailing Canopy’s operations for 2007 and 2008, the SEC says. Blackburn said they had been audited by KPMG, but they had not. He also knew they contained false information, according to the SEC. TechCrunch previously reported the forged KPMG audit reports.

On June 30, the complaint recounts, Blackburn sent CEO Kashyap an email containing the KPMG audit report and the financial statements. The subject of the message was “Audit Finally Complete”. Inside the email, Blackburn wrote to Kashyap, “I never wanna go through this again!” The SEC says that in two earlier, April emails, Blackburn also reminded his friend Tony Banas, Canopy’s chief technology officer “to lie about the existence of the KPMG audit”.

Canopy also gave Spectrum false monthly operating reports, the complaint says, falsely representing how many customer accounts the company had. With some of those reports, Canopy enclosed a cover letter signed by Blackburn and Kashyap summarizing the company’s business. (Kashyap, who stepped down as Canopy’s CEO last month but remains chairman, has maintained he was ignorant of the fraud. His lawyer declined to return my call today.)

Canopy raised the round from Spectrum and other investors; it’s unclear who else participated in that specific round, though Foundation Capital and GGV Capital (formerly Granite Global Ventures) are backers of the company. John Powers, the head of Stanford University’s high-profile, multi-billion dollar endowment, also was an angel investor and board member. Neither Powers nor any of the VC firms wanted to talk to me about Canopy. Canopy raised money in at least two rounds prior to the $75 million offering.

A good chunk of the $75 million went to repurchase some shares, according to documents related to Canopy’s bankruptcy filing: The SEC says Blackburn made more than $1.6 million by redeeming 25,000 shares. He also misappropriated at least $1.17 million in investor funds into his personal bank accounts, according to the lawsuit.

How Blackburn got busted for this scheme is pretty amazing. According to the SEC, it happened when Canopy’s new general counsel started looking for a new CFO for the company in November. The lawyer contacted someone he knew at KPMG to ask about possible candidates, sending along what he thought were Canopy’s KPMG-audited financial reports.

Uh-oh. KPMG wrote back that it had never done audit work for Canopy and never reviewed its financial reports, the SEC complaint says. KPMG thoughtfully included a cease-and-desist letter demanding that Canopy stop using its name on the forged reports.

As it stands now, the SEC wants Canopy and Blackburn to pay a fine and return their ill-gotten gains from the scheme. The SEC also wants to freeze Blackburn’s assets to prevent the “dissipation of remaining investor assets.”

What a mess. It’s unclear if better due diligence by Spectrum and Canopy’s other backers could have prevented this fraud; it certainly makes one wonder. We’ll keep on top of further developments!

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