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Archive for June, 2013

Jun 26, 2013

Whoever’s behind ‘My Startup has 30 Days to Live’ is hitting a chord

Senior Technology Reporter- Silicon Valley Business Journal

A Tumblr author claiming to be a startup entrepreneur is hooking techies, investors and the press with his My Startup Has 30 Days to Live blog.

Whether the anonymous author is telling a true tale, or whether he’s uncovered as the 2013 version of 2006 YouTube hoaxer “lonelygirl15,” his sad story of dashed entrepreneurial dreams is gripping Silicon Valley.

The writing has a ring of truth. The author claims to have been on the hamster wheel for about two years, getting into a top accelerator. He “hit the top of TechCrunch” and became viewed as a “rising star in the technology world,” the blog claims.

After compromising some vision for funding, the author claims to have gotten traction — but it didn’t keep the funders happy.

“I found myself sitting at my desk, afraid, alone and overwhelmed,” the blog says.

The first day’s blog ends with the author realizing he or she can’t make payroll and needing to fire the company’s first employee before he leaves on a planned vacation.

The second post, which went up today, is headlined “We’re killing it bro.”

“One of the first things you learn as an entrepreneur is that on some level, you’re only as good as your pitch,” it starts out. “The accelerators reinforce this by teaching you the art of storytelling, a skill that helps an investor sign a term sheet as much as it helps the father of a young child decide to take a pay cut to be part of something that’s amazing.”

This one could be the work of a writer hoping for a TV, movie or book deal. There is a lot of entertainment industry industry focus on Silicon Valley, evidenced by Mike Judge’s new HBO show and Bravo’s “Startups: Silicon Valley.”

Eventually, we will likely find out who is behind “My Startup Has 30 Days to Live” and will truly be able to evaluate its worth.

But for now, it has our attention.

Click here to subscribe to TechFlash Silicon Valley, the free daily email newsletter about the region’s founders and funders.

Cromwell Schubarth is the Senior Technology Reporter at the Business Journal.

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Tech More: Mobile BI Intelligence Mobile Ads Mobile Advertising
Why Local-Mobile Marketing Is Exploding

Josh Luger      –         BI Intelligence

Location-based mobile marketing promises the sky: high conversion rates, surgical targeting, and rich consumer profiles.
But does it deliver? According to many accounts, it does.

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Not surprisingly, retailers, brands, and agencies are scrambling to hone their location-based approaches. These encompass everything from “geo-aware” and “geo-fenced” ad campaigns, to hyper-local efforts keyed to Wi-Fi hotspots, and algorithmic location-based targeting of audience segments like soccer moms, bargain hunters, coffee enthusiasts, etc.

In a new report from BI Intelligence on location-mobile marketing, we take a look at key stats on the location-based services marketplace that indicate it’s supremacy in mobile marketing, explain how the most important techniques (such as geo-aware, geo-fenced, audience-based local-mobile campaigns) work, examine the cornerstones – such as data and audience building – to a successful location-based mobile strategy, look at who has the valuable location-based data, and analyze the six most effective local-mobile marketing tactics.

Here’s an overview of the location-mobile marketing explosion:

Location is the new cookie: Collecting data has always been difficult because mobile does not support third-party cookies that travel easily across the ecosystem, allowing for straightforward tracking and data-gathering. That’s where location-based mobile technology comes in. It gives marketers new ways to identify and track mobile audiences, and with the aid of algorithms, it can also group them into behavioral and demographic segments for targeting.
Money is flowing into location-based mobile marketing: A recent survey of 400 brand executives by Balihoo found that 91% planned to increase their investments in location-based marketing campaigns in 2013. Finally, a study by Berg Insight found that location-enabled ad spend reached about 8% of total mobile ad spend for 2012. This proportion is expected to increase to 33% by 2017.
Location-based data is driving much of the interest – and success: Enabling campaigns with local data produces measurable results. In a study of over 2,500 of its mobile marketing campaigns, Verve found that its location-based ad efforts were about twice as effective as the mobile industry average click-through rate (CTR) of 0.4%. Geo-aware ads, geo-fenced ads, and location data paired with audience demographics or purchase intent are all proving to be extremely successful.
Location is extending beyond the smartphone: The location conversation may have started out as a way to take advantage of mobile phones, but as technology continues to evolve, the conversation needs to broaden. In 2012, only 12% of smartphone owners and 17% of tablet owners said they used their device throughout the entire shopping process. This year, one-third of smartphone and tablet owners said they did so. Additionally, more tablet consumers are beginning their shopping process on their tablets. This shows that location ads should be targeted to tablets as well as smartphones, because the first search for a local business might take place on a tablet.
In full, the report:

Takes a look at key stats on the location-based services marketplace that indicate it’s supremacy in mobile marketing;
Explains how the most important techniques, such as geo-aware, geo-fenced, audience-based local-mobile campaigns, work;
Examines the cornerstones – such as data and audience building – to a successful location-based mobile strategy;
Looks at who has the valuable location-based data;
Analyzes the six most effective local-mobile marketing tactics.

Read more: http://www.businessinsider.com/local-mobile-marketing-exploding-2013-6#ixzz2XHehbbNw

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We are excited to share that Lauren A. Rothman is featured on Oprah.com! Early buzz for Style Bible: What to Wear to Work (Bibliomotion October 2013)

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To schedule an interview with On-Air Style Expert & Author
Lauren A. Rothman, please contact:
Phone: +1.202.631.8878
Email: lauren@styleauteur.com
Web: www.styleauteur.com
Twitter: twitter.com/styleauteur
Facebook: facebook.com/styleauteur
TV Clips: http://styleauteur.com/category/video-2/
___________________________________________________________________

6012 Fashion Mistakes That Make You Look Older
By Pamela Masin

You Took the Song “Paint It, Black” Literally
Black does wonders for trimming a figure and is appropriate for almost every occasion, but as women get older, their skin tends to become paler-and wearing black can create a harsh contrast that emphasizes wrinkles and calls attention to dark shadows under the chin and around the eyes. Add a bright accessory like a scarf or a statement necklace-any pop of color will lessen the washed-out effect, says Lauren Rothman, the founder of Styleauteur.com and author of Style Bible: What to Wear to Work. She also suggests shopping for earthy neutrals-like cocoa, olive, camel or gray-which are subdued but still add contrast. Also, jewel tones are a color group that flatters most women. Here’s a way to find which works best with your skin tone.

Your Skirt Length Is Moving Down, Down, Down


Just because your age is increasing doesn’t mean your hemline has to as well. A skirt that grazes close to your ankles may hide slightly saggy knees, but it also tends to make women look wider and frumpier. Rothman says to find the most flattering skirt length for your shape, look in the mirror and note the slimmest part of the area around your knee-right above, right below or in the middle-and that’s where your hemline should hit. If you want more coverage, try a form-fitting midiskirt, which comes to the middle of your calf. This is a tricky length, so use our guide to finding the right midi hemline for your height.

Your Jeans Have Too Much Stretch


Stretch denim is a gift to women who shop for both comfort and style, but erring on the side of too much comfort can lead to lumpiness. “It’s best to look for jeans with 2 percent elastic fiber,” says Rothman. On the care label, you’ll see Lycra, spandex or elastane. The right jeans will follow your silhouette, have enough stretch so that your legs won’t look as if they’re fighting to break free from your pants and, unlike denim with 4 percent or more elastic fiber, won’t sag at the tush.

You’re Hiding Your Neck


It seems like the easy fix: Cover as much of the neck as possible with a turtleneck, but a better choice is a V-neck or scoop neck, which draws the eye to your décolletage (so long as it doesn’t show cleavage). Collared shirts draw attention away from the neck area while giving a little more coverage. You might also choose a statement necklace that sits a little longer. “Avoid chokers,” says Rothman. Pick a style that’s at least 22 inches long.

You’re Heaviest Below the Knees


Chunky heels and platform shoes add unnecessary heaviness to the bottom portion of your body. “Look for something more sleek and slim,” says Rothman. Stilettos are Rothman’s choice, though she suggests kitten heels for the more walking-inclined among us. Either way, she says, you can’t go wrong with a pointed toe.

Read more:  http://www.oprah.com/style/Fashion-Tips-To-Look-Younger-Style-Mistakes-That-Age-You/1#ixzz2Ws3gsT7n

Follow @Styleauteur  on Twitter & ‘Like’ Styleauteur on Facebook

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Bidding Process – Procedures for the Sale of certain Assets and Intellectual Property of Portaero, Inc.

Further to Gerbsman Partners e-mail of June 11, 2013 regarding the sale of certain assets of Portaero, Inc., I attach the draft legal documents that we will be requesting of bidders for certain Assets and Intellectual Property of Portaero, Inc.  All parties bidding on the assets are encouraged, to the greatest extent possible, to conform the terms of their bids to the terms and form of the attached agreement.  Any and all of the assets of Portaero, Inc. will be sold on an “as is, where is” basis and will be subject to “The Bidding Process for Interested Buyers”, outlined below.

I would also encourage all interested parties to have their counsel speak with David Garcia, Esq. and/or Holly Olson, Esq., counsel to Portaero, Inc.

For additional information please contact David Garcia, Esq, 775 327 3021  dgarcia@hollandhart.com and/or Holly Olson, Esq, hbolson@hollandhart.com

Please review in detail, the “Bidding Process for Interested Buyers” below.

The key dates and terms include:

The Bidding Process for Interested Buyers
Interested and qualified parties will be expected to sign a Confidential Disclosure Agreement (attached hereto as Appendix A) to have access to key members of management and intellectual capital teams and the due diligence “war room” documentation (“Due Diligence Access”). Each interested party, as a consequence of the Due Diligence Access granted to it, shall be deemed to acknowledge and represent (i) that it is bound by the bidding procedures described herein; (ii) that it has had an opportunity to inspect and examine the Portaero, Inc. assets and to review all pertinent documents and information with respect thereto; (iii) that it is not relying upon any written or oral statements, representations, or warranties of Gerbsman Partners, or their respective staff, agents, or attorneys; and (iv) all such documents and reports have been provided solely for the convenience of the interested party, and Gerbsman Partners (and their respective staff, agents, or attorneys) do not make any representations as to the accuracy or completeness of the same.

Following an initial round of due diligence, interested parties will be invited to participate with a sealed bid, for the acquisition of the Portaero, Inc. assets. Each sealed bid must be submitted so that it is received by Gerbsman Partners no later than Tuesday, July 16, 2013 at 3:00pm Pacific Daylight Time (the “Bid Deadline”) at Portaero, Inc.’s office, located at 21631 Stevens Creek Blvd., Cupertino, CA 95014.  Please also email steve@gerbsmanpartners.com with any bid.

Any person or other entity making a bid must be prepared to provide independent confirmation that they possess the financial resources to complete the purchase.  All bids must be accompanied by a refundable deposit in the amount of $100,000 (payable to Portaero, Inc.).  The deposit should be wired to Portaero, Inc.’s attorneys (information will be provided).  The winning bidder will be notified within 3 business days of the Bid Deadline. The deposit will be held in trust by Portaero’s counsel.  Unsuccessful bidders will have their deposit returned to them within 3 business days of notification that they are an unsuccessful bidder.

Portaero, Inc. reserves the right to, in its sole discretion, accept or reject any bid, or withdraw any or all assets from sale.  Interested parties should understand that it is expected that the highest and best bid submitted will be chosen as the winning bidder and bidders may not have the opportunity to improve their bids after submission.

Portaero Inc. will require the successful bidder to close within a 7 day period. Any or all of the assets of Portaero, Inc. will be sold on an “as is, where is” basis, with no representation or warranties whatsoever.

All sales, transfer, and recording taxes, stamp taxes, or similar taxes, if any, relating to the sale of the Portaero, Inc. assets shall be the sole responsibility of the successful bidder and shall be paid to Portaero, Inc. at the closing of each transaction.

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 Jun 17, 2013, 6:31pm PDT

Orchard Supply bankruptcy: What’s next?

Orchard Supply Hardware filed Chapter 11 bankruptcy. Lowe’s will pick up the majority of the retailer’s stores.

Real Estate Reporter- Silicon Valley Business Journal

Click here for more on the impact of the Orchard reorganization and what’s behind it.

UPDATE: Orchard Supply Hardware’s San Jose headquarters will largely be spared layoffs related to the company’s acquisition by Lowe’s, a spokeswoman said.

San Jose-based Orchard filed for Chapter 11 bankruptcy protection on Monday, and Lowe’s is stepping in to buy most of the company’s assets — including 60 of roughly 90 California stores — for about $205 million in cash, according to company statements issued this morning.

In a statement, Orchard said the stores would operate as normal during the restructuring and had secured $177 million in debtor-in-possession financing from Wells Fargo to continue meeting financial obligations. Orchard said it would operate as a separate standalone company within the Lowe’s umbrella after the sale is completed.

That “business as usual” status includes the headquarters on Via Del Oro in San Jose, where it occupies 75,000 square feet and has hundreds of workers.

As of Feb. 2, 2013, Orchard counted 5,360 employees, with 533 at Orchard’s San Jose corporate offices, its Tracy distribution center, or part of field operations.

In court records, Orchard said it expected “continued employment for the vast majority of the Company’s employees.”

Spokeswoman Leigh Parrish said there was no list available of which stores Lowe’s was buying. But she said current construction projects and remodels would continue as planned. Orchard also said in court filings it expected most creditors to be paid.

Commercial real estate brokers told me today they expected Lowe’s to retain most if not all of Orchard’s San Jose-area stores given the region’s strong housing market and high barriers to entry.

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Will we have succeeded if the only person who can be you in you?

By 2020 I believe that we will be on the other side of the privacy debate, we will have accepted that no-one is in control, all data will be available and we will have strong rights and protections. We will have stop shifting data about as the Internet will be structured differently utilising pointers and tags and our bandwidth constraints will have been eclipsed. Whilst new issues will emerge such as digital ethics, digital death, policing of algorithms and coders, ownership of your analysis, filter bias and cashless assets; the stalwarts of privacy, security and access will be just be interesting MBA case studies. However, what will 2013 bring for our nascent personal digital eco-system of digital identity, digital reputation, digital lockers, digital vaults and VRM . The obvious is that the trend of empowering users with tools that allow us to assert some levels of control over our data will continue.

However, 2013 has to be about growth as we are starting to see the seeds of investment and cash availability. Those who do take the risk in a controlled and well thought out manner will grow and can take leadership positions. Whilst there is a continuing sense of change driven by financial uncertainty, we are on a continuum of becoming more digital and value will be created through the capture and analysis of data generated from your digital interaction.

My last strategy and business book My Digital Footprint on identity, privacy, trust and the direction of the Web is now 4 years young and whilst I continue to blog on all the core themes, I don’t sense that the market has moved on that much but the framework continues to guide my focus as I explore where next for the Web, associated business models, who owns your data and how value and wealth will be created.

The following will dominate my attention in the next 6 months….

  • How to close the Gap between “Identity” and “The only person who can be you is you”
  • Social influence and reputation – who will generate real value?
  • Digital Signals – what are the criteria for gathering the right sort of data.
  • Intention economy – analysis and prediction of what you intend and where is the data source.
  • How to make recommendation more human

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SALE OF PORTAERO, INC.

Gerbsman Partners (www.gerbsmanpartners.com) has been retained by Portaero, Inc. to solicit interest for the acquisition of all, or substantially all, Portaero, Inc.’s (“Portaero”) assets.

Headquartered in Cupertino, California, Portaero is a leader in developing devices for the treatment of homogeneous emphysema.

IMPORTANT LEGAL NOTICE:

The information in this memorandum does not constitute the whole or any part of an offer or a contract.

The information contained in this memorandum relating to the Portaero’s Assets has been supplied by Portaero. It has not been independently investigated or verified by Gerbsman Partners or their respective agents.

Potential purchasers should not rely on any information contained in this memorandum or provided by Gerbsman Partners (or their respective staff, agents, and attorneys) in connection herewith, whether transmitted orally or in writing as a statement, opinion, or representation of fact. Interested parties should satisfy themselves through independent investigations as they or their legal and financial advisors see fit.

Gerbsman Partners, and their respective staff, agents, and attorneys, (i) disclaim any and all implied warranties concerning the truth, accuracy, and completeness of any information provided in connection herewith and (ii) do not accept liability for the information, including that contained in this memorandum, whether that liability arises by reasons of Portaero’s or Gerbsman Partners’ negligence or otherwise.

Any sale of the Portaero Assets will be made on an “as-is,” “where-is,” and “with all faults” basis, without any warranties, representations, or guarantees, either express or implied, of any kind, nature, or type whatsoever from, or on behalf of Portaero and Gerbsman Partners. Without limiting the generality of the foregoing, Portaero and Gerbsman Partners and their respective staff, agents, and attorneys,  hereby expressly disclaim any and all implied warranties concerning the condition of the Portaero Assets and any portions thereof, including, but not limited to, environmental conditions, compliance with any government regulations or requirements, the implied warranties of habitability, merchantability, or fitness for a particular purpose.

This memorandum contains confidential information and is not to be supplied to any person without Gerbsman Partners’ prior consent. This memorandum and the information contained herein are subject to the non-disclosure agreement attached hereto as Exhibit A.

Portaero, Inc. Company Profile

Founded in 2007, Portaero is a private, California-based, clinical stage medical device company. Over the past 6 years, Portaero has raised approximately $20mm in equity and debt from the leading venture capital firms Versant, Aberdare, and Novartis Ventures.

Portaero is a leader in developing innovative, therapeutic devices to treat advanced, homogeneous emphysema. It is the only therapy currently in patients whose primary indication for the FDA pivotal trial will be homogeneous emphysema.

Portaero’s therapy targets patients whose lungs are hyperinflated due to emphysematous destruction and dynamic airway collapse. The Portaero Access Tube System creates a transthoracic pneumostoma which is subsequently managed by the patient with the Portaero Daily Disposable Tube.  When patent, the pneumostoma reduces the amount of trapped gas and the pressure in the diffusely destroyed lung, thus restoring the productivity of the native airways, improving overall lung function, and increasing patient quality of life.  Early experience also suggests pneumostoma patients experience a lower rate of exacerbations.  Exacerbations make these patients among the most expensive in the health care system.

Portaero believes its assets are attractive for a number of reasons:

·     Portaero is the only device in development which has generated data in homogeneous patients that warrants inclusion of those patients in a US PMA trial.

·     6+ years of clinical experience supports the safety and the efficacy of the therapy.

·     Current patients continue to manage their pneumostomas from 1+ years to 6.5 years.

·     Portaero Intellectual Property, comprising 25 issued US patents, 15 pending US patent applications, 10 issued international patents and 10 international pending patent applications, is the earliest and most comprehensive portfolio for    transthoracic bypass. Some of Portaero patents also apply to using the Portaero port for improving drug delivery to the lung.

·     The Portaero Access Tube System is placed by a thoracic surgeon via a mini-thoracotomy.  The 45 minute procedure requires no special skills and has been completed under both local and general anesthesia.

·     The Portaero Daily Disposable Tube has successfully been managed by a wide variety of patients.

·     The Portaero Reopening Device is designed to be used by an Interventional Bronchoscopist or surgeon.  It should be a simple, safe, outpatient procedure that can be quickly done at the end of the bronch list.

·     The Portaero therapy is very accessible to health care capabilities worldwide.

·     The Portaero system fits well with the direction of reimbursement systems that prefer to pay for desired outcomes.  The bulk of the economics is in the disposable which is only used if the patient is receiving benefit.

·     A leading clinician experienced with Portaero and other emphysema therapies believes Portaero patients have a lower exacerbation rate than untreated patients.

·     The Portaero therapy is reversible.  No patient has been worse off for having tried the Portaero treatment.

·     Preliminary BODE data suggest the potential to increase life expectancy with the Portaero therapy.

·     In the long term, the patents allow for development of a percutaneous procedure for interventionalists.

Impact of Technology on the Market

Patients with homogeneous emphysema represent a large, growing market with an unmet clinical need. Accessing Portaero’s intellectual property is critical for any successful endeavor into this very attractive market. Portaero’s therapy is complimentary to other therapies addressing heterogeneous disease (e.g., valves, coils, steam, glue) and could be sold by the same sales force.

Intellectual Property Summary

Portaero has a comprehensive intellectual property portfolio consisting of 35 issued patents: 25 are issued for the US and 10 are issued for International.  Portaero has 25 pending applications: 15 pending for the U.S. and 10 pending for International.  Description of the portfolio can be found in the Appendix B.  The portfolio represents a broad array of strategic variables including:

Methods and devices used by patient to maintain and protect the pneumostoma
Methods and devices for pneumostomy procedures for creating a pneumostoma
Methods and devices for assessment, maintenance, and treatment of a pneumostoma
Portaero’s Assets

Portaero has developed a portfolio of assets critical to the treatment of emphysema via a pneumostoma. These assets fall into a variety of categories, including:

·     Patents and Patent Applications
·     Patient Data Set for Treating Homogeneous Emphysema from 2 different non-randomized clinical studies
·     Design and manufacturing documentation for surgical and patient care products
The assets of Portaero will be sold in whole or in part (collectively, the “Portaero Assets”). The sale of these assets is being conducted with the cooperation of Portaero. Portaero will be available to assist purchasers with due diligence and a prompt, efficient transition to new ownership. Notwithstanding the foregoing, Portaero should not be contacted directly without the prior consent of Gerbsman Partners.

Portaero, Inc. Board of Directors

·       Sami Hamade: Aberdare Ventures – San Francisco, CA

·       Ross Jaffe:  Versant Ventures – Menlo Park, CA

·       Dave Plough: Portaero President & CEO – Cupertino, CA

·       Steve Weinstein: Novartis Ventures – Cambridge, MA

The Bidding Process for Interested Buyers

Interested and qualified parties will be expected to sign a Confidential Disclosure Agreement (attached hereto as Appendix A) to have access to key members of management and intellectual capital teams and the due diligence “war room” documentation (“Due Diligence Access”). Each interested party, as a consequence of the Due Diligence Access granted to it, shall be deemed to acknowledge and represent (i) that it is bound by the bidding procedures described herein; (ii) that it has had an opportunity to inspect and examine the Portaero, Inc. assets and to review all pertinent documents and information with respect thereto; (iii) that it is not relying upon any written or oral statements, representations, or warranties of Gerbsman Partners, or their respective staff, agents, or attorneys; and (iv) all such documents and reports have been provided solely for the convenience of the interested party, and Gerbsman Partners (and their respective staff, agents, or attorneys) do not make any representations as to the accuracy or completeness of the same.

Following an initial round of due diligence, interested parties will be invited to participate with a sealed bid, for the acquisition of the Portaero, Inc. assets. Each sealed bid must be submitted so that it is received by Gerbsman Partners no later than Tuesday, July 16, 2013 at 3:00pm Pacific Daylight Time (the “Bid Deadline”) at Portaero, Inc.’s office, located at 21631 Stevens Creek Blvd., Cupertino, CA 95014.  Please also email steve@gerbsmanpartners.com with any bid.

Any person or other entity making a bid must be prepared to provide independent confirmation that they possess the financial resources to complete the purchase.  All bids must be accompanied by a refundable deposit in the amount of $100,000 (payable to Portaero, Inc.).  The deposit should be wired to Portaero, Inc.’s attorneys (information will be provided).  The winning bidder will be notified within 3 business days of the Bid Deadline. The deposit will be held in trust by Portaero’s counsel.  Unsuccessful bidders will have their deposit returned to them within 3 business days of notification that they are an unsuccessful bidder.

Portaero, Inc. reserves the right to, in its sole discretion, accept or reject any bid, or withdraw any or all assets from sale.  Interested parties should understand that it is expected that the highest and best bid submitted will be chosen as the winning bidder and bidders may not have the opportunity to improve their bids after submission.

Portaero Inc. will require the successful bidder to close within a 7 day period. Any or all of the assets of Portaero, Inc. will be sold on an “as is, where is” basis, with no representation or warranties whatsoever.

All sales, transfer, and recording taxes, stamp taxes, or similar taxes, if any, relating to the sale of the Portaero, Inc. assets shall be the sole responsibility of the successful bidder and shall be paid to Portaero, Inc. at the closing of each transaction.

For additional information, please see below and/or contact:

Steven R. Gerbsman

Gerbsman Partners

steve@gerbsmanpartners.com

Kenneth Hardesty

Gerbsman Partners

ken@gerbsmanpartners.com

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