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StabilityAI cofounder says CEO tricked him into selling stake for $100

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Re: StabilityAI cofounder says CEO tricked him into selling stake for $100

#181
post #7

I was chatting with a company who sold a large minority stake in their company to a well known private equity group (think 49%) with the explicit purpose of retaining control. Soon after the transaction closed, the PE firm was able to covertly buy another 2% of voting shares from a pre-existing investor in the company, which resulted in the PE firm gaining full majority control over the company, kicked out the CEO, r…

Small story on these kind of takeovers, but on a MUCH, MUCH smaller scale: Back home we have this small newspaper that's been going on for 25 years. It's just a small 3 man operation, and it's just a weekly paper that covers local stuff in our small county. Most of their customers are expats and older folks. When they started out 25 years ago, they raised funds by selling private stocks. All in all, there are maybe 1…

Why not let them buy the minority stake and give locals the extra cash for an asset they forgot they had? Control remains with the majority regardless

Re: StabilityAI cofounder says CEO tricked him into selling stake for $100

#183

Earlier quoted context omitted.

> A couple of years ago some of the leading media companies in our country (Norway) started consolidating "power" by acquiring small local newspapers all over the country. This sounds like it should be a pretty big story. "Extremely dangerous to our democracy." On the other hand, it also sounds like it wouldn't be.

The era of small local newspapers is long over. Its like saying buying all the libraries would be a threat to democracy.

The Stranger begs to differ

Re: StabilityAI cofounder says CEO tricked him into selling stake for $100

#184
Seems more and more of these stories make company owners sound like criminals. Those exist surely and we do have a movie about Zuck, but while that seemed interesting enough to make a movie about, it now seems to quite normal. People murder for a few bucks, how does this ceo sleep at night? It is not ‘just business’.

Re: StabilityAI cofounder says CEO tricked him into selling stake for $100

#185
post #61
post #42

Earlier quoted context omitted.

Simple answer: A successful founder will sell 1 (maybe 2) companies in their lifetime, while PE/VC firms do these deals every day of the week. It's like entering the ring with a pro MMA fighter and expecting to have a fair fight. You have a massive disadvantage that can't be overcome. The best you can do is take precautions and "do your best" but "your best" and "precautions" still isn't good enough if your opponent…

> while PE/VC firms do these deals every day of the week That's why you hire a lawyer that also does this stuff everyday of the week.

This sounds so easy but plenty lawyers sound great but have no clue either, or will believe that bad ideas aren’t, etc. And they’ll deal with the same VC much sooner than with you, so they’re not particularly incentivized to play super hardball.

If I were a first time founder I wouldn’t know where to find the right lawyer. In all honesty I still don’t and I’ve been at it for 8 years now.

Re: StabilityAI cofounder says CEO tricked him into selling stake for $100

#186
post #50

Earlier quoted context omitted.

From a control point of view, and maybe a salary or job viewpoint, this isn't too good. But enlighten me how a 40% odd share distribution of a now PE-owned and operated company would be a bad thing? Surely they're going to try and increase the company's value for their own self interest?

PE and Founder interests are not as aligned as many would assume at face value. Founders often care about doing good by their customers, vendors, employees... while the average PE firm will happily screw everyone over the moment there's a monetary incentive to do so. If a founder has the same time horizon for an exit as the PE/VC and if the founder is emotionally detached from the business/product/customers/employees…

> In reality founder-CEOs are ousted most often because their passion for the business gets in the way of maximizing profit.

In this scenario then, it might be a kick to the ego, but if the original founder retained a large minority stake in the company, this profit-driven approach should result in an increased share price (over time) right?

Re: StabilityAI cofounder says CEO tricked him into selling stake for $100

#187
post #6

Odd story. The point at which you're selling your stake for $100, you've basically decided to give it away. Which raises the question: if he was just going to get $100 and nothing more, why not just hang on to it?

It's obviously not for the $100, that's just a small, round value to make it legal (some money has to change hands, even if just $1.) Likely the CEO explains that it's worth nothing, they're re-organizing things for such and such a purpose, and the 15% stake in the cap tables is an inconvenience preventing a possible deal. Please could you do us a favor and help us clear that from the cap table. I'm the kind of perso…

Could be a "peppercorn" as described in

https://en.m.wikipedia.org/wiki/Peppercorn_(law)

Re: StabilityAI cofounder says CEO tricked him into selling stake for $100

#188
post #61
post #42

Earlier quoted context omitted.

Simple answer: A successful founder will sell 1 (maybe 2) companies in their lifetime, while PE/VC firms do these deals every day of the week. It's like entering the ring with a pro MMA fighter and expecting to have a fair fight. You have a massive disadvantage that can't be overcome. The best you can do is take precautions and "do your best" but "your best" and "precautions" still isn't good enough if your opponent…

> while PE/VC firms do these deals every day of the week That's why you hire a lawyer that also does this stuff everyday of the week.

I was tangentially involved in a deal where a Big Tech company acquired a VC-funded startup. The startup hired an investment bank as an advisor. The same investment bank that routinely underwrites debt offerings for the Big Tech company. Somehow they advised the startup to take the deal and not play hardball, even though there were public company comps at twice the valuation offered.

Re: StabilityAI cofounder says CEO tricked him into selling stake for $100

#189

Earlier quoted context omitted.

It is confusing what when on here. If you hired him then you have a contract. Fire him. And if he doesn’t leave or return bank accounts or money get the police to charge him with trespass or thief depending. Also he has probably misappropriated money so find that and claw it back.

It’s hard to explain, but it’s…complicated.

More likely you're being disingenuous about the situation

Re: StabilityAI cofounder says CEO tricked him into selling stake for $100

#190

Earlier quoted context omitted.

What's wrong with it? If people want to be allowed to buy/sell second-class shares that don't have voting rights, then I don't see the problem with there being a market for that.

It’s not a free market. Your options are buy the class of stocks that the company wishes to sell, or not participate at all. Therefore it can be aggressively abused to disenfranchise public shareholders who have no say in the creation of share classes in the first place. One important role of government is to set and maintain standards for listing on markets, so that customers are protected. An example of such a rule…

>It’s not a free market. Your options are buy the class of stocks that the company wishes to sell, or not participate at all.

this is a pretty expansive definition of freedom, the freedom to buy unfettered options in a company.

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