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Skype Fires Executives, Avoiding Payouts

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Re: Skype Fires Executives, Avoiding Payouts

#31
post #15

The later the stage investor, the less they need to worry about their reputation with anyone except their LPs.

Does this not hurt their future ability to invest in big name up-and-coming companies? If I'm the next facebook or twitter, these kind of shady practices would make me think twice about handing over a large share of my company to them. Can they only get away with it because their competitors engage in the same behaviour?

Re: Skype Fires Executives, Avoiding Payouts

#32
post #12
post #10

What can a (startup) employee do to prevent these sort of situations from occurring after a liquidity event? In particular, what sort of terms should be in your hiring agreement -- eg. double trigger acceleration?

This sounds like it was explicitly to get around the trigger clauses in the contract. They likely had acceleration for change of control, and fired people before the "event" that would have triggered that acceleration.

Don't these contracts typically require termination with cause in order to interrupt vesting?

Not that that's a perfect solution, but it should at least make these more blatant acts a bit easier to pursue in court.

Re: Skype Fires Executives, Avoiding Payouts

#33

Earlier quoted context omitted.

Company's officers fiduciary duty is to protect interests of shareholders. Complicating contracts with the purpose of transferring that wealth from shareholders to executives could be construed as violation of that duty.

"Transferring wealth" isn't an abandonment of fiduciary duty, it's exactly what you do when you hire people and pay them . Nor is there anything wrong with negotiating contracts describing the details.

Good point. Just saying that unless you're a founder or a majority shareholder, you have little power in terms of blocking the deal from going through.

Re: Skype Fires Executives, Avoiding Payouts

#34
post #27
post #5

Stay classy Skype. I wish there was an alternative that matched Skype's previous good qualities (or better). The obfuscation of the OS X Skype client UI, plus the fact that they're now owned by Microsoft has cast a shadow on what used to be a great service (to me at least). Surely there is room in the market for a serious competitor.

Do any of these strike your fancy? * http://www.oovoo.com/home.aspx * http://tinychat.com/ * http://www.vbuzzer.com/conferencing/web_conferencing.php * http://www.goober.com/ * http://www.voxox.com/

Tinychat is the only one of these that doesn't sound like baby talk. Skype has done well and become a verb ("Skype me") and I don't see anyone asking to voxox, oovoo, or goober me anytime soon. There is a big gap out there for someone to offer a good quality, serious competitor.

Re: Skype Fires Executives, Avoiding Payouts

#35
post #27
post #5

Stay classy Skype. I wish there was an alternative that matched Skype's previous good qualities (or better). The obfuscation of the OS X Skype client UI, plus the fact that they're now owned by Microsoft has cast a shadow on what used to be a great service (to me at least). Surely there is room in the market for a serious competitor.

Do any of these strike your fancy? * http://www.oovoo.com/home.aspx * http://tinychat.com/ * http://www.vbuzzer.com/conferencing/web_conferencing.php * http://www.goober.com/ * http://www.voxox.com/

Goober is the only one with a Linux client. I may have to try that one out.

Re: Skype Fires Executives, Avoiding Payouts

#37
post #21

Earlier quoted context omitted.

It is still Skype (well, the private equity firm that owns Skype). The msft deal hasn't gone through yet.

While it is their call, and they will want to maximise profit from the sale, there's no chance that MS didn't sign off on this - think how pissed they could be. "We're buying your company and you just fired the executives that we wanted to keep running it?" I can only assume that it was decided as part of the sale negotiations. Whether it was Microsoft saying "we want to bring in a new team at the top" or the owners…

There's always a chance that it wasn't part of the deal, but that Microsoft won't care. If they feel that they are buying the tech, and not the team, then they might not object to this.

Re: Skype Fires Executives, Avoiding Payouts

#38
post #37
post #21

Earlier quoted context omitted.

While it is their call, and they will want to maximise profit from the sale, there's no chance that MS didn't sign off on this - think how pissed they could be. "We're buying your company and you just fired the executives that we wanted to keep running it?" I can only assume that it was decided as part of the sale negotiations. Whether it was Microsoft saying "we want to bring in a new team at the top" or the owners…

There's always a chance that it wasn't part of the deal, but that Microsoft won't care. If they feel that they are buying the tech, and not the team, then they might not object to this.

The fact that they might not care doesn't change the fact that the sellers are extremely unlikely not to check if they care before firing everyone.

Re: Skype Fires Executives, Avoiding Payouts

#39
To keep this in perspective, Gurle, Dean and Gillespie were not long time employees from the startup days (all less than three years), Sunkara and Campa came on board this year through acquisition, and Brewsher, as head of marketing, was probably redundant in light of Microsoft's purchase.
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