For M&A success, tap legal early and often

While mergers and acquisitions may be the right strategic path for many businesses, organizations tend to underestimate the role in-house legal teams play in a large-scale strategic transaction until the company is firmly entrenched in a deal.

While the CEO and board might fully appreciate the counsel of the legal team, the ability of the legal team to earn the support of the business — from product and development to marketing and HR — is critical to a smooth, efficient closing and post-close integration process.

Your in-house legal team should be held accountable for catching things specific to your business that outside attorneys will miss.

Having been on the inside of M&A transactions, here are a few insights that I recommend any executive team considering a major strategic transaction keep in mind when working with, and setting expectations for, the in-house legal function as the deal moves from business agreement to closing and through integration.

Is this the right transaction to move the business forward?

When you’re thinking of M&A (or any other type of strategic transaction, for that matter), it is critical to understand why you’re pursuing a deal and what the potential implications (both good and bad) may be for the business at large.

As the executive or founding team, have you agreed that doing the deal is the best way to further the overall strategic business objectives? Is the proposed deal allowing the company to scale more rapidly or efficiently? Does the transaction provide for a more diversified, complementary product offering?

After settling that the deal is the best way to achieve the overall business objective, the next focus is on execution. How will the resulting leadership bring together the two organizations? Do you have a plan on how to go from closing the transaction to successfully moving forward with the strategic purposes for doing the transaction in the first place? Is there agreement on product direction, go-to-market strategies, staffing, company culture, etc.?

These high-level discussions are important to have while evaluating a potential deal, and bringing in your internal legal leadership is critical in these early phases. You may identify during these early discussions aspects that are critical for the deal to be a success, and being sure your legal team is aware of these aspects allows the team to anticipate post-closing issues and resolve them proactively with the structure of the deal or by explicitly calling out critical obligations of each party.

Your in-house legal team should be held accountable for catching things specific to your business that outside attorneys will miss. Outside attorneys are experts in M&A or IPOs or venture financings or whatever else, but your in-house lawyers are experts in your company — that’s the true value of having an in-house team.


Source: Tech Crunch

Facebook launches Neighborhoods, a Nextdoor clone

Facebook is launching a new section of its app designed to connect neighbors and curate neighborhood-level news. The new feature, predictably called Neighborhoods, is available now in Canada and will be rolling out soon for U.S. users to test.

As we reported previously, Neighborhoods has technically been around since at least October of last year, but that limited test only recruited residents of Calgary, Canada.

On Neighborhoods, Facebook users can create a separate subprofile and can populate it with interests and a custom bio. You can join your own lower-case neighborhood and nearby neighborhoods and complain about porch pirates, kids these days, or whatever you’d otherwise be doing on Nextdoor.

Aware of the intense moderation headaches on Nextdoor, Facebook says that it will have a set of moderators dedicated to Neighborhoods to review comments and posts to keep matters “relevant and kind.” Within Neighborhoods neighborhoods, deputized users can steer and strike up conversations and do some light moderation, it sounds like. The new corner of Facebook will also come with blocking features.

As far as privacy goes, well, it’s Facebook. Neighborhoods isn’t its own standalone app and will naturally be sharing your neighborly behavior to serve you targeted ads elsewhere.


Source: Tech Crunch

Twitter rolls out improved ‘reply prompts’ to cut down on harmful tweets

A year ago, Twitter began testing a feature that would prompt users to pause and reconsider before they replied to a tweet using “harmful” language — meaning language that was abusive, trolling or otherwise offensive in nature. Today, the company says it’s rolling improved versions of these prompts to English-language users on iOS and soon, Android, after adjusting its systems that determine when to send the reminders to better understand when the language being used in the reply is actually harmful.

The idea behind these forced slowdowns, or nudges, are about leveraging psychological tricks in order to help people make better decisions about what they post. Studies have indicated that introducing a nudge like this can lead people to edit and cancel posts they would have otherwise regretted.

Twitter’s own tests found that to be true, too. It said that 34% of people revised their initial reply after seeing the prompt, or chose not to send the reply at all. After being prompted once, people then composed 11% fewer offensive replies in the future, on average. That indicates that the prompt, for some small group at least, had a lasting impact on user behavior. (Twitter also found that users who were prompted were less likely to receive harmful replies back, but didn’t further quantify this metric.)

Image Credits: Twitter

However, Twitter’s early tests ran into some problems. It found its systems and algorithms sometimes struggled to understand the nuance that occurs in many conversations. For example, it couldn’t always differentiate between offensive replies and sarcasm or, sometimes, even friendly banter. It also struggled to account for those situations in which language is being reclaimed by underrepresented communities, and then used in nonharmful ways.

The improvements rolling out starting today aim to address these problems. Twitter says it’s made adjustments to the technology across these areas, and others. Now, it will take the relationship between the author and replier into consideration. That is, if both follow and reply to each other often, it’s more likely they have a better understanding of the preferred tone of communication than someone else who doesn’t.

Twitter says it has also improved the technology to more accurately detect strong language, including profanity.

It’s also made it easier for those who see the prompts to let Twitter know if the prompt was helpful or relevant — data that can help to improve the systems further.

How well this all works remains to be seen, of course.

Image Credits: Twitter

While any feature that can help dial down some of the toxicity on Twitter may be useful, this only addresses one aspect of the larger problem — people who get into heated exchanges that they could later regret. There are other issues across Twitter regarding abusive and toxic content that this solution alone can’t address.

These “reply prompts” aren’t the only time Twitter has used the concept of nudges to impact user behavior. It also reminds users to read an article before you retweet and amplify it in an effort to promote more informed discussions on its platform.

Twitter says the improved prompts are rolling out to all English-language users on iOS starting today and will reach Android over the next few days.


Source: Tech Crunch

SpaceX launches 60 more Starlink satellites, claims over 500,000 service pre-orders so far

SpaceX has launched 60 more of its Starlink internet broadband satellites — on ‘Star Wars Day,’ no less, and only five days after it launched the last batch. The company has now delivered 420 Starlink satellites since the beginning of March, a sum that SpaceX CEO and founder must not be aware of because he definitely would’ve tweeted about it by now if he was.

This launch took off from Cape Canaveral in Florida at 3:01 PM ET (12:01 PM PT), and used a re-used Falcon 9 booster that had flown 8 times previously. That booster also landed back on SpaceX’s floating drone ship in the Atlantic Ocean, tying the record for SpaceX’s reusable flight program in terms of flying resumed boosters, which it just set in March. This is the company’s 115th Falcon 9 launch so far.

SpaceX also shared updated figures around its Starlink consumer hardware, which is used to transmit and receive signal from the constellation for broadband service. The company has received “over half a million” pre-order reservations for its service so far, which includes advance deposits on the hardware.

That strong demand helps explain why there appears to be such a significant backlog in terms of fulfilling orders for Starlink. Customers looking to user the service can sign up via SpaceX’s website, and place a pre-order for the kit, which induces the Starlink receiver, a router, power supplies and mounting hardware for your home.

The service is available to beta customers in six countries thus far, including Australia, New Zealand, Mexico and the U.S. and Canada, but the goal is to continue to expand coverage to achieve near-global reach by the end of 2021 in terms of service availability, with a number of additional launches planned throughout the rest of the year.


Source: Tech Crunch

For Trump and Facebook, judgment day is around the corner

Facebook unceremoniously confiscated Trump’s biggest social media megaphone months ago, but the former president might be poised to snatch it back.

Facebook’s Oversight Board, an external Supreme Court-like policy decision making group, will either restore Trump’s Facebook privileges or banish him forever on Wednesday. Whatever happens, it’s a huge moment for Facebook’s nascent experiment in outsourcing hard content moderation calls to an elite group of global thinkers, academics and political figures and allowing them to set precedents that could shape the world’s biggest social networks for years to come.

Facebook CEO Mark Zuckerberg announced Trump’s suspension from Facebook in the immediate aftermath of the Capitol attack. It was initially a temporary suspension, but two weeks later Facebook said that the decision would be sent to the Oversight Board. “We believe the risks of allowing the President to continue to use our service during this period are simply too great,” Facebook CEO Mark Zuckerberg wrote in January.

Facebook’s VP of Global Affairs Nick Clegg, a former British politician, expressed hope that the board would back the company’s own conclusions, calling Trump’s suspension an “unprecedented set of events which called for unprecedented action.”

Trump inflamed tensions and incited violence on January 6, but that incident wasn’t without precedent. In the aftermath of the murder of George Floyd, an unarmed Black man killed by Minneapolis police, President Trump ominously declared on social media “when the looting starts, the shooting starts,” a threat of imminent violence with racist roots that Facebook declined to take action against, prompting internal protests at the company.

The former president skirted or crossed the line with Facebook any number of times over his four years in office, but the platform stood steadfastly behind a maxim that all speech was good speech, even as other social networks grew more squeamish.

In a dramatic address in late 2019, Zuckerberg evoked Martin Luther King Jr. as he defended Facebook’s anything goes approach. “In times of social turmoil, our impulse is often to pull back on free expression,” Zuckerberg said. “We want the progress that comes from free expression, but not the tension.” King’s daughter strenuously objected.

A little over a year later, with all of Facebook’s peers doing the same and Trump leaving office, Zuckerberg would shrink back from his grand free speech declarations.

In 2019 and well into 2020, Facebook was still a roiling hotbed of misinformation, conspiracies and extremism. The social network hosted thousands of armed militias organizing for violence and a sea of content amplifying QAnon, which moved from a fringe belief on the margins to a mainstream political phenomenon through Facebook.

Those same forces would converge at the U.S. Capitol on January 6 for a day of violence that Facebook executives characterized as spontaneous, even though it had been festering openly on the platform for months.

 

How the Oversight Board works

Facebook’s Oversight Board began reviewing its first cases last October. Facebook can refer cases to the board, like it did with Trump, but users can also appeal to the board to overturn policy decisions that affect them after they exhaust the normal Facebook or Instagram appeals process. A five member subset of its 20 total members evaluate whether content should be allowed to remain on the platform and then reach a decision, which the full board must approve by a majority vote. Initially, the Oversight Board was only empowered to reinstate content removed on Facebook and Instagram, but in mid-April began accepting requests to review controversial content that stayed up.

Last month, the Oversight Board replaced departing member Pamela Karlan, a Stanford professor and voting rights scholar critical of Trump, who left to join the Biden administration. Karlan’s replacement, PEN America CEO Susan Nossel, wrote an op-ed in the LA Times in late January arguing that extending a permanent ban on Trump “may feel good” but that decision would ultimately set a dangerous precedent. Nossel joined the board too late to participate in the Trump decision.

The Oversight Board’s earliest batch of decisions leaned in the direction of restoring content that’s been taken down — not upholding its removal. While the board’s other decisions are likely to touch on the full spectrum of frustration people have with Facebook’s content moderation preferences, they come with far less baggage than the Trump decision. In one instance, the Oversight Board voted to restore an image of a woman’s nipples used in the context of a breast cancer post. In another, the board decided that a quote from a famous Nazi didn’t merit removal because it wasn’t an endorsement of Nazi ideology. In all cases, the Oversight Board can issue policy recommendations, but Facebook isn’t obligated to implement them — just the decisions.

Befitting its DNA of global activists, political figures and academics, the Oversight Board’s might have ambitions well beyond one social network. Earlier this year, Oversight Board co-chair and former Prime Minister of Denmark Helle Thorning-Schmidt declared that other social media companies would be “welcome to join” the project, which is branded in a conspicuously Facebook-less way. (The group calls itself the “Oversight Board” though everyone calls it the “Facebook Oversight Board.”)

“For the first time in history, we actually have content moderation being done outside one of the big social media platforms,” Thorning-Schmidt declared, grandly. “That in itself… I don’t hesitate to call it historic.”

Facebook’s decision to outsource some major policy decisions is indeed an experimental one, but that experiment is just getting started. The Trump case will give Facebook’s miniaturized Supreme Court an opportunity to send a message, though whether the takeaway is that it’s powerful enough to keep a world leader muzzled or independent enough to strike out from its parent and reverse the biggest social media policy decision ever made remains to be seen.

If Trump comes back, the company can shrug its shoulders and shirk another PR firestorm, content that its experiment in external content moderation is legitimized. If the board doubles down on banishing Trump, Facebook will rest easy knowing that someone else can take the blowback this round in its most controversial content call to date. For Facebook, for once, it’s a win-win situation.

 


Source: Tech Crunch

A new YouTube feature will make its connected TV ads more shoppable

YouTube today gave advertisers a sneak peek at its plans to make its video platform more shoppable. The company will soon be introducing a new interactive feature aimed at advertisers called brand extensions, which will allow YouTube viewers to learn more about a product they see on the screen with a click of a button.

The new ad format will allow the advertiser to highlight their website link or another call-to-action in their connected TV video ad. The viewer can then click the option “send to phone,” which then sends that promotion or URL directly to their mobile device, without interrupting their viewing experience.

From the mobile device, the consumer could then shop the website as they would normally — browsing products, adding items to the cart, and completing the transaction. But they can do it when they’re ready to engage with that product information, instead of having to stop their video to do so.

The advertisers will also be able to smartly target the ads to the correct audience, based on the video content. For example, a fitness video may feature a brand extension ad that shows a new pair of running shoes.

Advertisers will be able to measure the conversions generated by these brand extensions directly in Google Ads, YouTube says.

In a related e-commerce ad effort, brands can now also add browsable product images to their direct response video ads, in order to encourage interested shoppers to click to visit their website or app.

These are only a few of the efforts YouTube has been working on with the goal of expand further into e-commerce.

Consumers, and particularly younger Gen Z users, today like to watch videos and engage while they shop, leading to the emergence of numerous video shopping services — like Popshop Live, NTWRK, ShopShops, TalkShopLive, Bambuser, and others. Facebook has also invested in live shopping and video-based shopping across both Facebook and Instagram.

Meanwhile, TikTok has become a home to video-based e-commerce, with Walmart (which also tried to acquire a stake in the app when Trump was trying to force a sale) hosting multiple shopping livestreams in recent months. TikTok also found success with e-commerce as it has rolled out more tools to direct video viewers to websites through integrated links and integrations with Shopify, for example.

But YouTube still has a sizable potential audience for video shopping, as it represents 40% of watch time of all ad-supported streaming services, per Comscore data. And of the top five streaming services in the U.S. that account for 80% of the connected TV market, only two are ad-supported, YouTube noted.

Ads are only one way YouTube will drive e-commerce traffic. Creators will also play a role.

A report from Bloomberg this past fall said YouTube was asking creators to tag and track the products they were featuring in their clips. YouTube later revealed more about this effort in February, saying it was beta testing a shopping experience that lets viewers shop from their favorite creators, and that this would roll out more broadly in 2021.

Brand extensions are separate from that effort, however, as they’re focused on giving the advertiser their own means to drive a shopping experience from a video.

YouTube says the new brand extensions ads are only the first of more interactive features the company has in store. The feature will roll out globally later this year.


Source: Tech Crunch

Cased announces $2.25M seed round to help developers work in production environments

An issue every developer faces is dealing with problems on a live application without messing it up. In fact, in many companies such access is restricted. Cased, an early stage startup, has come up with a solution to provide a way to work safely with the live application.

Today, the company announced a $2.25 million seed round led by Founders Fund along with a group of prestigious technology angel investors. The company also announced that the product is generally available to all developers today for the first time. It’s worth noting that the funding actually closed last April, and they are just announcing it today.

Bryan Byrne, CEO and co-founder at Cased says he and his fellow co-founders, all of whom cut their teeth at GitHub, experienced this problem of working in live production environments firsthand. He says that the typical response by larger companies is to build a tool in-house, but this isn’t an option for many smaller companies.

“We saw firsthand at GitHub how the developer experience gets more difficult over time, and it becomes more difficult for developers to get production work done. So we wanted to provide a developer friendly way to get production work done,” Byrne explained.

He said without proper tooling, it forces CTOs to restrict access to the production code, which in turn makes it difficult to fix problems as they arise in production environments. “Companies are forced to restrict access to production and restrict access to tools that developers need to work in production. A lot of the biggest tech companies invest in millions to deliver great developer experiences, but obviously smaller companies don’t have those resources. So we want to give all companies the building blocks they need to deliver a great developer experience out of the box,” he said.

This involves providing development teams with open access to production command line tools by adding logging and approval workflows to sensitive operations. That enables executives to open up access with specific rules and the ability to audit who has been accessing the production environment.

The company launched at the beginning of last year and the founders have been working with design partners and early customers prior to officially opening the site to the general public today.

They currently have five people including the four founders, but Byrne says that they have had a good initial reaction to the product and are in the process of hiring additional employees. He says that as they do, diversity and inclusion is a big priority for the founders, even as a very early stage company.

“It’s very prominent in our company handbook, so that we make sure we prioritize an inclusive culture from the very beginning because [ … ] we know firsthand that if you don’t invest in that early, it can really hold you back as a company and as a culture. Culture starts from day one, for sure,” he said.

As part of that, the company intends to be remote first even post-pandemic, a move he believes will make it easier to build a diverse company.

“We will definitely be remote first. We believe that also helps with diversity and inclusion as you allow people to work from anywhere, and we have a lot of experience in leading remote-first culture from our time at GitHub, so we began as a remote culture and we will continue to do that,” he said.


Source: Tech Crunch

How to break into Silicon Valley as an outsider

Domm Holland, co-founder and CEO of e-commerce startup Fast, appears to be living a founder’s dream.

His big idea came from a small moment in his real life. Holland watched as his wife’s grandmother tried to order groceries, but she had forgotten her password and wasn’t able to complete the transaction.

“I just remember thinking it was preposterous,” Holland said. “It defied belief that some arbitrary string of text was a blocker to commerce.”

So he built a prototype of a passwordless authentication system where users would fill out their information once and would never need to do so again. Within 24 hours, tens of thousands of people had used it.

Nothing beats building human networks. That’s the way that you’re going to get this done in terms of fundraising.

Shoppers weren’t the only ones on board with this idea. In less than two years, Holland has raised $124 million in three rounds of fundraising, bringing on partners like Index Ventures and Stripe.

Although the success of Fast’s one-click checkout product has been speedy, it hasn’t been effortless.

For one thing, Holland is Australian, which means he started out as a Silicon Valley outsider. When he arrived in the U.S. in the summer of 2019, he had exactly one Bay Area contact in his phone. He built his network from the ground up, a strategic process he credits to one thing: hard work.

On an episode of the “How I Raised It” podcast, Holland talks about how he built his network, why it’s important — not just for fundraising but for building the entire business — and how to avoid the mistakes he sees new founders make.

Reach out with relevance

Holland’s primary strategy in building networks sounds like an obvious one — reach out to relevant people.

“When I first got to the States, I wanted to build networks,” Holland said, “but I didn’t really know anyone here in the Bay Area. So I spent a lot of time reaching out to relevant people — people working in payments, people working in technology, people working in identity authentication — just really relevant people in the space working in Big Tech who were building large-scale networks.”

One of the people Holland connected with was Allison Barr Allen, then the head of global product operations at Uber. Barr Allen managed her own angel investment fund, but Holland wasn’t actually looking for money when he reached out to her. He was much more interested in her perspective as the leader of an enormous financial services operation.


Source: Tech Crunch

CryptoPunks maker Larva Labs launches their new NFT project, Meebits

The creators behind CryptoPunks, one of the most popular NFT projects on the web, just revealed their latest project called Meebits. The project boasts 20,000 procedurally generated 3D characters that are tradeable on the Ethereum blockchain.

There have been hundreds of 3D avatar NFT platforms popping up over the past several months hoping to gain momentum and capture the enthusiasm of crypto buyers, but the traction of the Larva Labs team whose pixel portrait CryptoPunks project has netted more than $550 million in lifetime sales will likely make this platform another hit. Meebits arrives at a time of peak hype for their first effort CryptoPunks which is weeks away from a Christie’s auction that many are expecting to see fetch a price in the tens of million of dollars. It also arrives as Ethereum has had one of its best weeks on record, punching through all-time-highs nearly every day this week. Ethereum is currently trading at just shy of $3,300.

In a blog post, the Larva Labs creators posit that they hope that Meebits will eventually serve as avatars for “virtual worlds, games and VR.” Meebits not only boast a revised art style, but Larva Labs has made some underlying changes to the no-fee marketplace, the most significant of which is likely the ability to customize trades allowing users to swap Meebits with each other in a more complex manner.

In my profile of the company’s CryptoPunks project last month, the team’s founders hoped that their new project would lower the barrier of entry as CryptoPunks prices reached stratospheric heights, it seems that even by doubling the total supply (20,000 avatars versus CryptoPunks 10,000 figures) Meebits are poised to still be an expensive affair.

The company is distributing the Meebits avatars through a Dutch auction, meaning the price for buying and minting a Meebit will lower to zero Eth (plus Ethereum gas fees) over the course of a week. Currently users are paying 2.49 Eth to mint a Meebit a random, a nearly $8,500 investment at current prices. Nevertheless, around 2,000 of them have already sold, meaning the creators have already pulled in nearly $20 million worth of Eth after just over two hours on the market.

 


Source: Tech Crunch

Volvo AB and Daimler Trucks team up in hydrogen fuel cell joint venture

Competitors Volvo AB and Daimler Trucks are teaming up to produce hydrogen fuel cells for long-haul trucks, which the companies say will lower development costs and boost production volumes. The joint venture, which is called cellcentric, aims to bring large-scale “gigafactory” production levels of hydrogen fuel cells to Europe by 2025.

While the two companies are teaming up to produce the fuel cells via the cellcentric venture, all other aspects of truck production will remain separate. The location of the forthcoming gigafactory will be announced next year. The companies also did not specify the production capacity of the forthcoming factory.

Even as Volvo AB and Daimler Trucks used ambition-signaling terms like “gigafactory” — a term popularized by Tesla due to the giga capacity of its factories — executives added a few cautionary caveats to their goal. Europe’s hydrogen economy will depend in part on whether the European Union can produce a policy framework that further drives down costs and invests in refueling stations and other infrastructure, executives noted in a media briefing. In other words, manufacturers like Daimler and Volvo that are looking to invest in hydrogen face a “chicken and the egg” problem: boosting fuel cell production only makes sense if it occurs in tandem with the buildout of a hydrogen network, including refueling stations, pipelines to transport hydrogen and renewable energy resources to produce it.

“In the long run, I mean, this must be a business-driven activity as everything else,” Volvo CTO Lars Stenqvist told TechCrunch. “But in the first wave, there must be support from our politicians.”

Together with other European truck manufacturers, the two companies are calling for a buildout of hydrogen refueling stations around Europe of around 300 by 2025 and around 1,000 by 2030.

The Swedish and German automakers suggested policies such as a tax on carbon, incentives for CO2-neutral technologies or an emissions trading system could all help ensure cost-competitiveness against fossil fuels. Heavy-duty trucking will only compose a fraction of hydrogen demand, around 10%, Stenqvist pointed out, with the rest being used by industries such as steel manufacturing and the chemical industry. That means the push for hydrogen-supportive policies will likely be heard from other sectors, as well.

One of the biggest challenges for the new venture will be working to decrease inefficiencies associated with converting hydrogen to electricity. “That’s the core of engineering in trucking, to improve the energy efficiency of the vehicle,” Stenqvist said. “That has always been in the DNA of engineers in our industry … energy efficiency will be even more important in an electrified world.” He estimated that the cost of hydrogen would need to be in the range of $3-4 per kilogram to make it a cost-effective alternative to diesel.

Volvo is also making investments in battery electric technologies and Stenqvist said he sees potential use cases for internal combustion engines (ICE) run on renewable biofuels. He is in agreement with Bosch executives who said earlier this month that they see a place for ICE in the future. “I’m also convinced that there is a place for the combustion engines for a long period of time, I don’t see any end, I don’t see any retirement date for the combustion engines,” he said.

“From a political side, I think it would be completely wrong to ban a technology. Politicians should not ban — should not approve technologies — they should point out the direction, they should talk about what they want to achieve. And then it’s up to us as engineers to come up with the technical solutions.”


Source: Tech Crunch