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Spark Capital will now pay their own legal bills

nabeelhyatt.com

31–40 of 114 posts

Re: Spark Capital will now pay their own legal bills

#31
Being entrepreneur friendly is so central to VC marketing that this effort will likely pay itself as a PR expense.

Also, transaction fees are typically presented as being deducted from the capital being moved, as opposed to just charging the company. Of course, net it's the same. But language matters.

Re: Spark Capital will now pay their own legal bills

#32

Doesn't this just mean Spark will have a little less money to actually invest, thus will need to invest at slightly lower valuations to get the same returns, and companies will accept those lower valuations because they no longer have to pay the legal bills? Of course that's a huge simplification, and I'm in favor of reducing sneaky terms that can take entrepreneurs by surprise, so I'm not complaining.

I think it's also likely to reduce total legal expenditures. The investors previously did not see the legal bill and so their lawyers had less incentive to minimize fees.

Re: Spark Capital will now pay their own legal bills

#34
post #10
post #3

This is going to be one of those wonderful games of iterated group prisoner's dilemma, in which one member of a formerly functioning cartel has just publicly announced an intention to always play Defect.

Would that imply that, strategically, other investors might wish to avoid co-investing with Spark to punish their defection?

The thinking from Spark's side might be:

-Pay own legal fees, saves portfolio company money

-Better terms/relationships with investments attracts more, higher-quality startups

-Higher quality startups will likely be the big hits VCs need to be successful

-Attracting high quality startups forces other VCs to work with us on future and larger investment rounds

Re: Spark Capital will now pay their own legal bills

#36

Doesn't this just mean Spark will have a little less money to actually invest, thus will need to invest at slightly lower valuations to get the same returns, and companies will accept those lower valuations because they no longer have to pay the legal bills? Of course that's a huge simplification, and I'm in favor of reducing sneaky terms that can take entrepreneurs by surprise, so I'm not complaining.

Principal-agent problem.

The very first thing that popped into my mind, though, was what happened with ArsDigita. I don't think they've agreed to not use the company's money when suing the company's CEO.

Re: Spark Capital will now pay their own legal bills

#37

Earlier quoted context omitted.

The net effect is that they're being more honest about how much they're actually willing to invest, correct? They don't magically have more money and the lawyers have to be paid anyhow. At least it puts the onus on them to keep their negotiations to a minimum.

this. If I give you $8 and ask you to pay me $2 for expenses, or I give you $6 you don't much care. This would only apply to entrepreneurs who don't know that term sheets are less attorney fees.

This is exactly right, but I prefer the $6 case because it makes it much more obvious what is going on. We should make the truth obvious whenever possible.

Hopefully (as pg points out) the next thing to go is the weird way that employee option pools are handled.

Re: Spark Capital will now pay their own legal bills

#39
While I've never raised money from traditional VCs, I have raised millions of dollars from angels. Out of more than a dozen angels I've worked with, never once has anyone even contemplated having the company pay the legal fees of the investor. If this is the norm, I'm glad I dislike VCs enough never to have approached them.
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