Archive for November, 2014

Herjavec GroupArticle cover image
Robert Herjavec

Robert HerjavecInfluencer

Shark on ABC’s Shark Tank, Founder of Herjavec Group, Bestselling Author, Race Car Driver

My Top Ten Tips for Entrepreneurs

In this series of posts, Influencers and members share their advice for entrepreneurs. Read all the posts here and write your own (use the hashtag #mystartupstory in the body of your post), or upload a SlideShare.

In honor of small business Saturday I wanted to share my top 10 tips for budding entrepreneurs. This list was first published by CBC News and I often refer back to it when I’m meeting with new ventures or training our sales team at Herjavec Group. I hope it helps jump start your weekend—and put you on the right path to your own entrepreneurial success…

1. Believe in the business — and yourself

There are so many people that will say, ‘No — bad idea, it’s never going to work’. You have to have a senseless belief in your idea and yourself – almost to the point of being delusional. Remember that everyone has advice but no one knows what you have to go through to start, grow and scale a business until they live it! Talk is cheap, but action speaks volumes.

I often tell the story of the ancient general who took his troops to battle and when they got to the foreign shore, he burned all the ships so there would be no option of retreating. That is the kind of belief you need. There’s no going back.

2. Test before you jump in

Don’t ask your mom, your wife, your friends, your barber what they think — those are opinions (and often biased one’s at that!). Test the idea with the only people who really matter: the ones who are going to cut you a cheque for it. Call on some potential clients and see if they will buy whatever it is you’re selling.

3. Everyone lies

Some people will lie to you because they mean to. Others will do it to tell you what you want to hear. Either way, test everything you are told. If someone tells you they are going to invest, get a date. And if the date passes, make sure your spider senses are tingling. If a client tells you he is giving you the order, ask him if it is in procurement yet; if not, ask him if he minds if you call the purchaser yourself. Test what people tell you. They don’t always mean to lie to you, but they do lie.

4. Bring a compass

“It’s awkward when you have to eat your friends.”

That’s a cute saying I saw a long time ago, but it’s very true. When you’re starting out, you have to realize that it is going to be hard and then it will get worse…far worse than you think. Be prepared to survive the worst situation you can think of — and then assume that things will still get even worse than that.

Be prepared — it’s much better to have a compass to get out of the woods (just in case) than to have to eat your friends to survive.

5. If they can’t catch you, they can’t overtake you

Go fast — really fast. The elephant can’t catch a running mouse, but he sure can crush him when the mouse is standing still! When you’re small, you’ve got to be faster than the competition. Be nimble, be agile, be responsive. Learn from your customers. As you grow be prepared for the new entrants that want to take you down and ask yourself how you can maintain the sense of agility that led to your initial success.

6. Train for a marathon

This is where I completely contradict myself, because diligence is so important. Once you find a good opportunity, go slow and check and double-check everything. Business is a sprint until you find an opportunity, then it requires the patience of a marathon runner. I know this is hard and trust me, I am not a marathoner — but I have run two of them just to reinforce this point to myself.

7. Hunt for your dinner

No matter how full and fat you get, don’t stop looking for opportunities. You can never be satisfied as an entrepreneur, and the basis of any successful, growing business is new clients. Make sure your company always has the attitude of going out and hunting for its dinner. We don’t pay our salespeople for renewals at Herjavec Group, that’s a customer service job and not a sales job. Sales people should be hunters.

8. There is no work/life balance

Your business is a living, breathing thing, and it has to be fed and grow to survive. There is no balance in your life when your business is in trouble. If you are under the illusion that you can start a business and run it at your life’s schedule, you are mistaken. The business is like a starving puppy — when it needs to eat, then it needs to eat regardless of what you have going on personally.

9. Being committed to business is hard

The reason so few companies and people make it: It’s not easy.

Be honest with yourself. What price are you willing to pay to make the business work and be successful? Would you sacrifice your time, your family, your friends, your golf game, your entire social life? I am not advocating that you should, but you have to ask yourself if you are prepared to.

10. It’s all about the approach

Work hard…have fun…be nice…play fair…dream big.

We only get one chance at this life. If you’re going to play this game, play it to win.

To your success,


Robert Herjavec (@robertherjavec) is the Founder and CEO of Herjavec Group and a Shark on ABC’s Shark Tank.

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Good afternoon- I received this email from Bobby Guy, a well respected Insolvency Lawyer in the mid west.  bobby.guy@reports.distressindex.com

Interesting reading and review.  Thanks Bobby


We thought you’d be interested in the 3rd Quarter Report for the FBT/TrBK Distress Indices. Distress in the healthcare services sector has increased 38% since 2010, while real estate and overall distress figures are down significantly.

To see the current report, click here or go to www.distressindex.com.

Cheers –

Bobby Guy

Robert Dempsey
Disclaimer: The FBT/TrBK Distress Indices are research indices. The indices and information contained herein involve assumptions, compilations, and analysis, and there can be no assurance that the information is error-free. FBT Financial Indices, LLC, Frost Brown Todd LLC, TrollerBK.com, and their members, associates, staff, advisors, and agents shall not have any liability for any information contained herein, including any errors or incompleteness. The contents of this publication are not intended, and should not be considered, as accounting, tax, investment, or legal advice. Further, this information is not intended to and does not provide a recommendation with respect to any security or investment strategy, and any discussion of particular topics is not meant to be comprehensive and may be subject to change.

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Apple Will Sell 72 Million iPhones — But Then See A Massive Drop In Demand

iPhone 6 PlusFlickr/Omar Jordan FawahliPhone 6 shipments will soar in Q4.

According to KGI Securities analyst, Apple is forecast to sell 71.5 million iPhones in Q4, Apple Insider reports.

KGI’s Ming-Chi Kuo — who has a good record as an Apple analyst because of his sources in Apple’s supply chain — says quarter-over-quarter shipments of the smartphone will grow 82% in Q4, and predicts the iPhone 6 will head the surge.

Apple Insider explains the iPhone 6 will likely make up nearly 60% of all sales over the period, quoting a figure of 41.65M units. The iPhone 6 Plus will not perform quite as well though. Apparently suppliers are having production issues with the larger phones, and Q4 sales are dependent on the supply chain.

After strong sales over the festive season, Kuo expects iPhone sales to fall dramatically to a combined 49.5 million units as off-season demand reduces. Q1 sales always tend to dip after the Q4 holiday buying season. 9to5Mac believes demand will eventually settle at a 2:1 ratio favouring the 6 over the 6 Plus. It’s worth noting the drop in quarterly sales would still be a big jump year-on-year; if Apple sells that many phones, it will be up 13%.

Kuo says older models, such as the entry-level iPhone 5C and iPhone 4S, will be discontinued in 2015 in favour of the 5S. Until that happens, promotional pricing on all those lines will reduce the average sales price of iPhones in Apple’s lineup. The iPhone 5s could eventually become free on contract, Kuo says.

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San Francisco, November, 2014
Successful “Date Certain M&A” of AxioMed Spine Corp. it Assets and Intellectual Property
Steven R. Gerbsman, Principal of Gerbsman Partners, Kenneth Hardesty and James Skelton, members of Gerbsman Partners Board of Intellectual Capital, announced today their success in maximizing stakeholder value for a venture capital and senior lender backed spine medical device company.

Gerbsman Partners provided Crisis Management and Investment Banking leadership, facilitated the sale of the business unit’s assets and its associated Intellectual Property. Due to market conditions, the board of directors and senior lender made the strategic decision to maximize the value of the business unit and Intellectual Property. Gerbsman Partners provided leadership to the company with:

1.  Crisis Management and medical device domain expertise in developing the strategic action plans for maximizing value of the business unit, Intellectual Property and assets;
2.  Proven domain expertise in maximizing the value of the business unit and Intellectual Property through a Gerbsman Partners targeted and proprietary “Date Certain M&A Process”;
3.  The ability to “Manage the Process” among potential Acquirers, Lawyers, Creditors Management, Advisors and the Receiver;
4.  Communicate with the Board of Directors, senior management, senior lender, creditors, vendors and all stakeholders in interest.
About Gerbsman Partners

Gerbsman Partners focuses on maximizing enterprise value for stakeholders and shareholders in under-performing, under-capitalized and under-valued companies and their Intellectual Property. Since 2001, Gerbsman Partners has been involved in maximizing value for 87 Technology, Life Science, Medical Device, Solar, Fuel Cell and Digital Marketing/Social Commerce companies and their Intellectual Property and has restructured/terminated over $810 million of real estate executory contracts and equipment lease/sub-debt obligations. Since inception in 1980, Gerbsman Partners has been involved in over $2.3 billion of financings, restructurings and M&A transactions.

Gerbsman Partners has offices and strategic alliances in San Francisco, Boston, New York, Washington, DC, McLean, VA, Europe and Israel.



Cell: +1 415 505 4991
Email: steve@gerbsmanpartners.com
Web: www.gerbsmanpartners.com
BLOG of Intellectual Capital: blog.gerbsmanpartners.com

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Beth Seidenberg

Partner at KPCB

You Should Share Your Health Data: Its Value Outweighs Privacy Risk

From genome-based therapeutics and diagnostics to pulse-monitoring smart watches, health data is transforming medicine.

But it is also alarming patients, who—aware of the recent cyber-attacks against Target, Home Depot, and JPMorgan that stole personal data from millions of people—are scared that their privacy will be invaded.

Our health data is our most personal asset. Why, in the midst of all of this, should we continue to share it?

Health Data in the Digital Era
First, the law: Health care privacy and security is governed by the Health Insurance Portability and Accountability Act (HIPAA), which limits disclosure of patient data and mandates secure storage and transmission of electronic records. Anybody who violates HIPAA faces civil and criminal penalties. So the law ensures that providers and health plans take steps to protect your health data and that you retain important rights over how it is used.

Today, de-identified data that you share is driving the most important advance in medicine: population-based data discoveries and tools to manage our health, wellness, and diseases.

The signs of digital medicine are everywhere: Four out of every five office-based physicians use electronic health records. The government is releasing new population health data. And the 85 percent of buyers of new handsets who are selecting smartphones will expect to access personal health data on their devices.

We know that health systems charged with keeping this data private have struggled. A cyber-attack this year on a Tennessee-based hospital system, for example, accessed the data of 4.5 million patients. A single hacker penetrated HealthCare.gov this summer. And the industry of collecting and selling personal health data keeps getting bigger.

These problems are real, and we have to solve for them. But they should not impede the advances in health care on the horizon. The next big breakthrough in medicine could develop because you shared your health information. All of us—patients, providers, and entrepreneurs—have a stake in making this happen.

The Patient Perspective
Patients should first understand just how much they benefit when providers and researchers can access their health data electronically in real-time. Your data helps your physician manage your health by providing ongoing, longitudinal, and integrated access to your information within and across providers. Pharmacists will have quick insight into all of the medications you are taking and how they interact, reducing the prescription errors that cause so much damage.

Moreover, population-based de-identified patient data has already produced advances against such diseases as obesity, diabetes, hypertension, and heart failure. Given that five percent of the U.S. population accounts for half of health care costs, population data lets researchers tackle the most vexing problems in medicine. By opting in and sharing your data, you promote the research breakthroughs that can one day improve your own health and help people who are suffering from similar health issues.

But patients have to watch out for the marketing and data brokerage firms that trade in health information and that, as the Federal Trade Commission noted, “operate with a fundamental lack of transparency.” Consider the purpose before you provide personal information to entities not covered by the HIPAA laws that apply to physicians and researchers. Patients should also check if the devices that they are using to track their health information are HIPAA-compliant. In this new era of the quantified self, ask first before uploading data from an unknown source.

The Provider Perspective
Providers today are using electronic tools to schedule appointments, receive ongoing patient metrics, customize treatments, and communicate via telemedicine. The tools, by improving access to patient data, save time, save money, and enable providers to deliver better care.

This matters because the world of fee-for-service is evaporating. In the new era of value-based care demonstrated by the rising number of Accountable Care Organizations (ACOs), these digital tools will be critical for your livelihood as a provider and you will want to embrace them.

But you also must institute advanced security protocols for the data that you use. While all hospital systems have general compliance functions, they need to prioritize these efforts. At Beth Israel Deaconess Medical Center, for example, officials encrypted devices, tightened access to cloud-based services, and strengthened network access controls after several data breaches.

Beyond the significant direct costs that arise from a breach, providers who want patients to continue to provide data for treatment and research must show that they will protect the data. Providers should teach patients how to protect their own data as well.

The Entrepreneurs’ Perspective
There has never been a better time to be an entrepreneur interested in changing health care through the use of digital technology and tools. We are even seeing patients and their parents taking steps themselves to improve the software and data capabilities of the medical technology that they use. But to be successful in this space, you need to know what you do not know.

In addition to HIPAA, entrepreneurs should know the evolving definition of what the Food and Drug Administration will regulate. Apps that are used for diagnosis or that provide a therapeutic recommendation may fall under FDA purview. But do not let these regulatory burdens intimidate you: our health care system needs your creative and altruistic instincts.

What you do need to do is respect the nature of the data, remembering that it’s not just data on the buying preferences of a consumer but data that can save a life. Apple, for example, has instituted new privacy and security requirements for health apps in its App Store even though HIPAA may not apply to user-generated data on mobile health apps. Empathize with consumers and earn their trust.

A New Age of Medicine
Until recently, as my colleague John Doerr observed, there was “more information technology in your average grocery store than in your doctor’s office.” Now, digital technology is here to stay.

But if we truly want to enable the breakthroughs and behavior changes that will transform our health, we must be willing to share our most personal asset: the data about our lifestyle, state of health, and disease.

The privacy laws are not perfect. No system is fail-safe. More breaches will happen. But let’s not let the perfect be the enemy of good. Big data will enable you to make better decisions and, at the population level, will lead to new insights, new discoveries, and better health for everyone.

Sharing your most personal asset may be the best decision of your life.

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